According to the NHTSA, more than 35,000 people are killed in motor accidents in the United States on an annual basis. Driving will always be a dangerous activity and it is actually more dangerous to get behind the wheel than on a motorcycle or even to take a boat ride down a raging river. It can result in accidents that can prove fatal as well. This is where a wrongful death claim takes over. Every state has its own type but all of them share certain similarities. A case is typical of what mourning relatives should provide to lay claim to their lawsuit. However, the claim will only be valid if:
- The driver was negligent and was the one who was responsible for causing the accident.
- The deceased is survived by dependants or beneficiaries.
- The accident and the demise of the victim resulted in monetary issues and damages
Proving wrongful death for a valid claim
Wrongful death claims are more serious than personal injury claims and the stakes are higher as well. In order to prove one you need to assure the following:
- You need to prove that the crash was someone’s fault. For instance, if the car flipped over due to pot holes in the road and caused the death of the driver, you can claim that the state was negligent in its duty to maintain highways. In other words, you can sue the state for it.
- If the crash occurred because the driver was drunk or intoxicated you can sue the owner of the bar. In some states, you can prove that the owner served more alcohol to an already inebriated patron thus causing the fatal accident indirectly.
- If you are the spouse of the deceased and have children as well, you need to provide certification proving both relations. This includes your wedding license the birth certificates of the children. If you are also listed as a beneficiary in the insurance policy you will need to produce a copy to prove you are.
- You suffer financially because the deceased was the sole or main breadwinner in the family. In such a case you need to provide your spouse’s proof of income and the amount he would have made in his lifetime. If your spouse was unemployed at the time of his death then his/her last known income and potential future earnings can be considered.
Wrongful death | Attorney Javier Marcos
The loss of a loved one can throw you for a loop not only because of the emotional trauma but also by the loss of income and support. Attorney Javier Marcos can help you get the support you need by filing a wrongful death claim with you. Our attorneys have extensive experience in the industry and will aid you in understanding what documents are required and what needs to be proven to win your case. Give us a call today for a free consultation 713.999.4444.