Literally thousands of women every year lose their spouse and best friend to car accidents. They walk out the door to go to work or to the store and never walk back through. This can be devastating both emotionally and financially to a spouse and family that depend on the love and income of their lost loved one.
If you are asking yourself, “Can I Get Compensation If My Husband Has Died in a Car Accident?” then you have probably gone through many facets of the grieving process and are now seeking answers. There are may questions that you must first ask yourself to help you determine whether compensation is available to you. (see below)
Once these questions have been established, then you may be able to file a wrongful death lawsuit by going over the details with your lawyer and, with their help, investigating the circumstances surrounding the death of your loved one in order to determine the amount of compensation.
When you file your wrongful death lawsuit, it is a civil trial where you are the “plaintiff” and those you seek compensation from are the “defendants.” It is up to the plaintiff to determine fault or negligence by the defendant, which lead directly of indirectly to the death of your loved one. This is difficult, but with the proper council, many have received the justice they deserve.
Compensation Questions to Determine Wrongful Death
1) Police Report – As the spouse you may obtain the police report and speak to the officers that investigated the car accident scene in order to learn details that may have been omitted from the report. Omissions and sloppy reports often suspend justice.
2) Citations – If other drivers were cited for infractions related to the accident then the accident may have been caused by another driver’s negligence. These minor infractions may establish negligence regardless of what it was for.
3) Arrests – Driving under the influence (DUI) is easily one of the largest and most senseless causes of vehicular death. If the other driver involved in the accident was arrested for DUI at the scene, regardless of who the police report cites as fault, you may be entitled to compensation.
4) Response – Many wrongful death cases have found that the accident victim’s death could have been prevented if the proper procedures had been followed by the police and medical response team. If you find these procedures or the care questionable then it is best to find a legal review of those procedures.
5) Medical Care – The trauma care in the Puget Sound area is some of the best in the country, but sometimes victims fall through the cracks. If your loved one died in the care of the emergency ward staff, you may want to review the circumstances with the help of legal council.
6) Signals – Many accidents could have been avoided if the intersection or road had proper signs, signals, and maintenance. The crash history of the section of road or intersection could also be important in a wrongful death lawsuit caused by a car accident.
7) Circumstances – If there was road construction, another traffic stop, another accident obstructing traffic, or any other alternate circumstances surrounding the accident, then there may be negligence on the side of outside sources. It is important to review all statements and details of the scene of the accident.
Sources of Compensation
To seek compensation there must be a source from where the compensation comes. When determining who is named, as stated above, there has to be a determination of negligence or fault. Once that has been established many times these individuals are backed by insurance companies for these very reasons.
Insurance Companies – They insure motorists by a risk-to-profitability scale and will do anything to avoid paying out on claims. If this is their business model then victim’s families can be rest assured the company is going to do whatever they can to avoid paying out on a wrongful death lawsuit. You may have already gotten contacted by an insurance agent. Make sure you log that call and jot down whatever was said. Most of all, do not sign anything an insurance company asks you to sign without first having your legal representative review it.
City, County, State – Their police and response infrastructures have procedures and a code of conduct they must abide by. Conversely, towns and cities are held to the standard that they provide a reasonable amount of safety to their citizens and visitors. If they have not taken measures to recognized hazardous roadways and intersections, particularly after a clear history of complaints and crash data, then they should be held accountable for injuries and deaths that are caused by these hazards.
Individuals – Individuals such as the other driver, the negligent police officer, the negligent doctor, etc, may be named in the lawsuit over the death of your husband if fault has been determined. They are either covered by an insurance company or must take the compensation out of their own funds if a verdict turns out positively for the plaintiff (you).
Seattle Car Accident Attorneys
The dedicated staff of skilled lawyers at Phillips Webster have represented hundreds of widows and families who are seeking answers, justice, and compensation for the deaths of their husbands, fathers, and loved ones. These lawsuits are not easy. They often require hours of investigation and litigation. They also can be emotionally draining, but many have found the process rewarding when the lawsuits are finally are settled either inside or outside of court.
Families who have experienced the wrongful death of a loved one due to the negligence of another should seek an experienced car accident wrongful death attorney to represent their best interests and get the compensation they deserve. Call Phillips Webster for a free consultation.
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