While many car accidents do not result in a fatality, far too many result in the death of the driver and/or passengers involved. From seemingly minor accidents to a passenger car crushed underside a truck, every car accident has the potential to be fatal.The family of a victim who dies in a fatal car accident has the right to sue on the deceased’s behalf for damages as a plaintiff. Under personal injury law, the family has three legal theories they can use to file a claim. Which theory the family sues under depends on the facts and who caused the accident.
Negligence is the failure to use care an ordinary individual would in the same and/ or similar circumstances. A family member can sue under the negligence theory when the driver causes injuries or death of another driver, a passenger, or pedestrian. To prove the defendant liable for negligence in the accident, a plaintiff has to show:
A wrongful death lawsuit is filed a family on behalf of a family member who died. The family files the lawsuit against the individual who allegedly caused the death to compensate them for the death of the individual. Only the victim’s immediate family can sue on behalf of the victim at the center of the lawsuit.
In some fatal accidents, the driver was not primarily liable for causing the accident, but the vehicle itself was due to a defect present in the vehicle at the time of the accident. This is called products liability. The manufacturer can be sued by the family if there was a:
Yes. If your loved one died in a fatal car accident or you are being sued for the crash, contact a personal injury lawyer. The lawyer will guide you through the legal process to settle or present your case at trial.
Last Modified: 06-26-2017 12:24 PM PDTLaw Library Disclaimer
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