A wrongful death claim is a lawsuit that can be filed by the personal representative of a person who has died due to negligence or malpractice by another party. In most cases, the deceased was not at fault in any way and did not commit any wrongdoing that caused their death.
Wrongful death claims are often filed against doctors, trucking companies, construction companies and other entities believed to have been negligent in some way. If you’re considering filing a wrongful death lawsuit on behalf of your loved one who recently died under tragic circumstances, it’s important to understand what it means to file such a case.
In this article, we take a look at what it takes to find a wrongful death claim against a trucking company. Stay with us to learn more about this process and what you can do to file a wrongful death claim.
Understanding a Wrongful Death Claim
An individual may file a wrongful death claim after a loved one dies due to the negligence of someone else. When you file a wrongful death claim, you are suing on behalf of your loved one to hold accountable those responsible for his or her untimely demise.
Wrongful death claims typically only pertain to deaths that were caused by another person or party’s actions (or inaction). This means that if your loved one was killed in an accident on the road and they were not at fault, then the other party can be held for wrongful death.
If there was clear negligence involved, such as speeding or driving under the influence of alcohol, you could pursue legal action against the trucking company.
What are Some Examples of Wrongful Death?
There are a variety of scenarios that could result in wrongful death. Some examples include:
- Death caused by negligence, such as a trucking company’s failure to properly maintain their vehicles or train their employees on how to operate safely.
- Death caused by intentional acts, such as an employee stabbing another employee to death because he was angry with them over something related to work.
- Death caused by medical malpractice, such as when a doctor fails to diagnose cancer despite having all of the necessary tools and information at hand (this may be related or unrelated).
- Death caused by company’s failure to provide safe working environment, such as when toxic fumes leak into an office building causing many employees’ deaths due to inhaling them over time (or right away).
Steps for Filing a Wrongful Death Claim
The steps below are necessary for filing a wrongful death claim:
- Hire a wrongful death attorney: An attorney who specializes in wrongful death claims can help you navigate the legal process and ensure that your rights are protected.
- Gather evidence: Your attorney will work with you to gather evidence, such as accident reports, witness statements, and medical records, to build a strong case against the trucking company.
- File a claim: Your attorney will file a wrongful death claim with the trucking company’s insurance carrier. This will typically include a demand for compensation for things like medical expenses, funeral costs, and loss of income.
- Negotiate a settlement: If the trucking company’s insurance carrier is willing to negotiate, your attorney will work with them to try to reach a settlement. This can include a lump sum payment or structured settlement.
- Take the case to trial: If a settlement cannot be reached, your attorney will take the case to trial. In this case, a judge or jury will hear the evidence and decide on an appropriate award.
It’s important to note that wrongful death claims can be complex and time-consuming to process, so it’s essential that you have an attorney who has experience handling such cases.
If you ever find yourself in a position where you need to file a wrongful death lawsuit, it’s best to consult with an attorney. That way, they can advise you on things like whether or not it’s worth pursuing compensation for your loss. They will also help by preparing all the paperwork required by law and guiding you through the entire process until the case is closed out.
Contact the Nevada wrongful death attorneys at Bourassa Law Group, who are skilled and experienced in dealing with wrongful death cases.
Call us at (800)870-8910 for a free consultation!
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