Any time someone is killed by an at-fault driver, it’s tragic. The driver may face criminal charges for their actions. The victim’s surviving family members can seek compensation from the driver in civil court. However, when does it rise to the level of a wrongful death case?
Wrongful death suits can typically be filed whenever someone’s actions (rather intentional or not) lead to someone’s death. This can include car accidents, manufacturers’ defects, criminal activity and much more.
Typically, to file a wrongful death suit against a driver, plaintiffs will need to show that the driver acted wrongfully, negligently or in some other way that caused the crash. Plaintiffs also need to show that they have suffered some form of damages as a result of their loved one’s death.
Typically, immediate members of a deceased person’s family have the right to file a wrongful death claim. It can also be filed by on behalf of that person’s estate. Here in Mississippi, a suit can be filed by a spouse, child, parent and/or siblings. It can also be filed by a personal representative of the estate.
If you’ve lost a loved one in a car crash caused by a driver who was under the influence, distracted, speeding or simply negligent, it’s wise to find out what the most effective way is to hold them accountable in court. In many cases, a wrongful death claim is necessary.
This can help you seek some sense of justice for your loved one as well as compensation that will help you cover medical bills, burial costs and the loss of income as well as non-economic damages like pain and suffering and loss of companionship. An experienced attorney can provide valuable guidance and present an effective case on your behalf.