In most car accident or wrongful death claims, the suit is towards the driver of the other vehicle. However, when a passenger is injured or dies from the negligence of the driver of the car in which the passenger was riding, a case can be made against the driver. In the car accident mentioned above, the passenger was not at fault for the negligence of the driver. Surviving family members can then bring forth what is known as a wrongful death case.
Wrongful Death Case Scenarios
The following are some scenarios in which filing a wrongful death case would be applicable.
Many wrongful death cases are filed after a fatal car accident. There are many ways the other driver can be found negligent for the victim’s death following a car accident. For instance, a distracted driver who caused a car crash can be held responsible for their negligent behavior through a wrongful death case if they killed the other driver. Anyone operating a motor vehicle is under oath to act responsibly and drive safely. When a negligent driver chose to do otherwise and harms another, they should be held accountable.
A driver under the influence of drugs or alcohol is a prime candidate for being held responsible for a fatality. Clearly, it is easy to see the negligence of a drunk driver.
Incidents such as a slip and fall accident where the owner of the property should have known of the hazardous circumstances that caused a death make the owner liable for negligence. It is rare for a person to die from a slip and fall accident or other common premise liability scenarios. However, situations such as an accidental drowning, also fall under this category.
Legal Definition of Wrongful Death
Wrongful death is a legal term to describe a claim that certain individuals can make against a person who wrongfully or negligently causes the death of another. Wrongful death claims are enacted by the state legislature to govern who can bring a wrongful death claim.
A wrongful death lawsuit allows the victim’s family to seek out compensation any financial losses acquired as a result of the death. Wrongful death is also a way the family can seek justice against the negligent party.
Contact a Wrongful Death Attorney Today
You could be entitled to thousands. Contact the wrongful death attorneys and lawyers at Brent Gordon Law in Idaho Falls or Pocatello to find out if you are entitled under the statute to bring a claim and, if so, what types of damages you are entitled to recover. The attorneys at Brent Gordon Law are experienced, trusted and aggressive. A lawyer at Brent Gordon Law will fight to ensure you get a fair settlement. Our law firm believes every client deserves fair representation. Call now for a free consultation or free case review with an experienced lawyer in Southeast Idaho (Pocatello, Idaho Falls).
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