Losing a loved one in a fatal pedestrian accident is a devastating experience that no one should have to go through. The pain, grief, and sense of loss can be overwhelming. During this difficult time, you may be wondering about your legal rights and options. We are here to provide you with the information and support you need as you deal with wrongful death claims.
Our Care Team is dedicated to helping families like yours find answers, resources, and a path forward after a tragic pedestrian fatality.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of legal action that family members can take when a loved one dies due to a wrongful act.
In the case of a fatal pedestrian accident, this means that the death was caused by the careless or reckless actions of a driver rather than being a mere accident. Wrongful death claims allow certain family members to file pedestrian accident lawsuits to seek financial compensation for the losses they have suffered, such as:
- Medical and funeral expenses
- Lost income and future financial support
- Loss of companionship, guidance, and emotional support
Filing a Pedestrian Accident Lawsuit
The laws regarding this vary by state. In Arizona and South Carolina, the following parties are typically allowed to bring a fatal pedestrian accident claim:
- The surviving spouse of the victim
- The surviving children of the victim
- The parents of the deceased person, if there is no surviving spouse or children
- The personal representative of the deceased person’s estate, on behalf of the survivors
Time Limits for Filing a Pedestrian Accident Wrongful Death Claim
It is important to be aware that there are time limits, known as statutes of limitations, for filing a wrongful death claim. The clock usually starts ticking on the date of the pedestrian’s death. In Arizona, the statute of limitations for wrongful death claims is two years. South Carolina also has a three-year statute of limitations. If you fail to file your claim within this window, you could lose your right to seek compensation.
Proving Fault in a Fatal Pedestrian Accident Case
To succeed in a wrongful death claim involving a pedestrian fatality, you will need to prove that the driver was at fault for the accident. Common examples of driver negligence that can lead to pedestrian deaths include:
- Speeding or reckless driving
- Distracted driving, such as texting behind the wheel
- Failing to yield the right-of-way to pedestrians in crosswalks
- Running red lights or stop signs
- Driving under the influence of alcohol or drugs
An experienced legal wrongful death advisor can help gather the evidence needed to build a strong case, such as police reports, eyewitness statements, and accident reconstruction analysis. In some cases, the driver may face criminal charges for their role in the pedestrian’s death, which can also support your civil claim.
Damages in a Wrongful Death Pedestrian Accident Case
A wrongful death pedestrian accident claim can provide much-needed financial relief and a sense of justice for grieving families. The types of damages that may be available in a pedestrian accident wrongful death case include:
- Medical expenses related to the pedestrian’s final injury or illness
- Reasonable funeral and burial costs
- Lost income and benefits the deceased would have earned
- Pain and suffering of the deceased before they passed
- Loss of the care, companionship, and guidance of the deceased
- Mental anguish of the surviving family members
The exact damages you may recover will depend on the unique facts of your case. Our Care Team can help you understand what types of compensation you may be entitled to.
How Our Wrongful Death Care Team Can Help
We know that pursuing a legal case is probably the last thing on your mind after losing a family member in a fatal pedestrian accident. You are dealing with profound grief, stress, and life-changing decisions. Our compassionate team is here to shoulder some of that burden for you. When you reach out to us, we will:
- Listen to your story with empathy and without judgment
- Provide clear, easy-to-understand information about the wrongful death process
- Help you understand your rights and options
- Connect you with resources and support services for grieving families
- Help you find experienced wrongful death representation that fits your needs
Trust Our Care Team!
You don’t have to navigate this difficult time alone. Our team is here to offer a helping hand and be a source of support during one of the most challenging chapters of your life. Together, we can work towards getting you the answers, justice, and fair compensation you deserve. Take the first step today by reaching out to our Care Team at Wrongful Death Lawyers to discuss your situation and how we can assist you.
