If the car accident resulted in the fatality of the victim, then it can become a wrongful death case. The only difference between a negligence case and a wrongful death case is the negligence results in the death of the injured party.
If you have lost a loved one in a car accident case, it is crucial that you consult with a Clearwater car accident wrongful death lawyer immediately to begin building a claim.
Immediacy of Death
The death does not have to occur immediately after a car accident in order for a wrongful death case to be filed. Many times, a car accident, the injured victim goes to surgery, they live either in a coma or in some kind of state for a period of time, and then pass away as a result of their injuries that occurred at the car accident.
The difference in a wrongful death case if it a person is suing for the future damages after the death and it is a survival action if a person is suing for the pain and suffering that they went through while they were still alive. Either way, the car accident is what caused the injury that resulted in death. Therefore, it is still a wrongful death case based on that car accident even if the death was not immediately at the scene of the accident. A car accident wrongful death lawyer in Clearwater can assist an individual in understanding the specifics of their claim.
After the Death
The surviving legal representative that wants to pursue a wrongful death case should open up an estate for the decedent. They should gather all the surviving family members together and should meet with a Clearwater car accident wrongful death attorney to see what steps they need to take before they can move forward with a wrongful death case.
Common Fact Patterns
A lot of times, fatal car accidents have to do with big trucks that are commercial vehicles on high-speed roads in Clearwater. Other times they are dealing with a car versus a pedestrian, a car versus a bicycle, or a car versus a motorcycle. The types of cases where the victim that is getting hit with the car does not have the protection of another car surrounding them are often fatal.
Many times, DUIs accidents result in fatalities. There are many cases where high-speed racing can result in wrongful death car accidents. To properly file a claim, an individual should be sure to contact a car accident wrongful death attorney in Clearwater.
Fatal car accidents usually occur on roads and highways that have higher speed limits, 55, 60, 75 miles an hour, because of the speed of the cars and the trucks that are normally on those roads. That is where most of the wrongful death car accident cases tend to occur in Clearwater.
If there is a DUI in play, or the other driver was breaking some law at the time of the wrongful death, then the at-fault driver may be guilty of negligence per se. That would still result in a death and it would be a wrongful death case. In that case, there could be punitive damages that may be assessed against the at-fault driver, which would be in addition to the economic and non-economic damages in a wrongful death case. A Clearwater car accident wrongful death lawyer can best help an individual understand the specifics associated with building a case.