Losing a loved one in a truck accident is an extremely painful experience. Often, you may be at a loss of what to do. If your loved one had been killed in a car accident, seeking the help of a lawyer to file a wrongful death lawsuit may be your best course of action. They can help you to get to the bottom of your case and investigate who is the liable party in an accident. Liable parties are responsible for compensation and the loss the victim has suffered.
Damages that Can be Recovered Through a Lawsuit
Liable parties are expected to compensate financial expenses and losses of victims, as well as emotional trauma the victims may have experienced. Some common damages that can be recovered through a lawsuit include:
- Medical bills and funeral expenses
- Loss in earning capacity, including the loss of future income of your loved one
- Mental anguish
- Expenses for emotional support services like counseling
- Loss of inheritance
- Loss of services, such as spousal or parental services
- Loss of companionship
Can All Family Members File Wrongful Death Lawsuits?
Not all family members are eligible to file wrongful death lawsuits. There are certain requirements and categories family members must fall under. People who can fight for compensation through filing a wrongful death lawsuit include parents, children and spouses. If your loved one has lost their life due to a truck accident, only one person in the family needs to file for a wrongful death lawsuit to claim compensation.
How Do We Go About Filing a Lawsuit?
Truck accidents can be more complicated as compared to regular mobile accidents. Under the legal doctrine, the negligent truck driver may not be the party who is primarily liable for the truck accident. Instead, their employer may be the one who is responsible for the negligent behavior of the truck driver. As such, lawsuits and claims should be filed against the trucking company, and not against the driver.
This may mean that you will go against a whole corporation who has their own legal team in order to file a claim to recover compensation that you deserve. There are other considerations as well, such as the supporting evidence that the trucking corporation may hold. To ensure that no evidence is lost, it is important to take immediate action and send a spoliation letter to the company to ask them to preserve proof of their driver’s negligence.
What is the Time Period to File a Wrongful Death Lawsuit?
Typically, family members have two years to file a wrongful death lawsuit. In the case where the family members decide against filing a claim three months after the death of a loved one, the administrator of the estate can do so on the family’s behalf given the family has not objected to it.
Finding an Attorney to Represent You
It is important to find an attorney you trust who has the experience and competency to help you with your wrongful death lawsuit. Corradino and Papa, LLC. has a team of experienced lawyers that can help you seek the compensation you deserve. Contact us for a free consultation today.
Disclaimer: Results may vary depending on your particular facts and legal circumstances.