Wrongful death suits are brought by family members of a deceased person against one who causes a death, or those liable for the one causing the death (such as an insurer or an employer). In this brief guide, readers will learn when and how these suits can be filed.
Bringing a Wrongful Death Suit for a Deadly Auto Accident
It’s possible to sue for wrongful death in conjunction with a fatal auto accident. In most cases, however, only the victim’s immediate family can file the claim. In limited jurisdictions, members of a decedent’s extended family can file. Those needing help with an auto accident-related claim should visit Northfloridaautoaccidentlawyer.com to consult a wrongful death attorney near Live Oak, FL as soon as possible after the incident.
Requirements for a Wrongful Death Lawsuit
To bring a wrongful death action because of a car accident, certain requirements must be fulfilled:
- Someone besides the decedent must have been responsible.
- The accident must have occurred due to the at-fault party’s reckless, negligent or intentional conduct (such as DUI).
- The lawsuit must be filed within the statute of limitations.
- The responsible party must have adequate insurance.
Underinsured and Uninsured Drivers
If an at-fault party is not sufficiently insured, or if they have no insurance at all, it will be difficult if not impossible to get compensation unless the responsible party has substantial assets. While auto insurance is a common source of compensation for decedents’ families, it might be possible for the family to recover from a homeowner’s or business insurance policy. Consult a lawyer for more information on proper compensation.
Does a Family Need an Attorney to File a Wrongful Death Suit?
If a loved one dies because of another person’s reckless, negligent or intentional behavior behind the wheel, the family should speak to a personal injury attorney as soon as possible to learn about protecting their legal rights and finding possible legal remedies. A personal injury or wrongful death attorney near Live Oak, FL can explain a case’s merits and value, and they can help the family work through the complex legal process while getting fair compensation.
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