According to NHTSA (the National Highway Traffic Safety Administration), one person dies in a car accident every 12 minutes. While auto accident numbers have risen over the past decade, the number of fatalities has declined due to improved safety features, construction techniques, and restraints. However, this can be of little comfort to someone whose loved one has died in an auto accident. Here, readers can learn about Wrongful Death Litigation in Hollywood FL as it pertains to auto accidents.
Proving a Claim
In a wrongful death case, the stakes are higher than in a non-fatal claim. To be successful, a decedent’s family must prove these points.
* Someone else was responsible. For instance, if the crash happened when the car hit a pothole and flipped, the family may be able to prove the state or city’s negligent maintenance of the road.
* The deceased person is survived by beneficiaries, children, or dependents. The family must prove the relationship to the deceased with documents such as marriage licenses, birth certificates, or copies of the will.
* The death will cause monetary losses. If the decedent was working at the time of death, the survivors will need to prove his or her future earning potential.
Contributory Negligence
In jurisdictions adhering to contributory negligence rules, a survivor cannot recover damages if the decedent contributed in any way to the fatal auto accident. Despite the harshness of the rule, in these areas, if a negligent person can prove the decedent’s actions contributed to their death, the beneficiaries cannot recover.
Comparative Negligence
Most jurisdictions follow some form of the rule of comparative negligence. Here, an at-fault party can state that the decedent shared responsibility for the accident and their death, and the survivors will receive an award according to the decedent’s share of fault.
Winning a Wrongful Death Case After an Accident
To win a wrongful death claim, the family must have strong, credible evidence. Unlike minor personal injury claims that clients can handle alone, a wrongful death case requires the help of a personal injury lawyer who knows auto accident cases. When a family decides to Click Here to speak to a lawyer, they may have a greater chance of prevailing in Wrongful Death Litigation in Hollywood FL.
