Losing a loved one in a truck accident is a devastating experience. The pain is even greater when that loss is caused by another person’s careless actions. If you find yourself facing this tragic situation, we at Wrongful Death Lawyer are here to provide guidance and support. We aim to help you understand your rights and options during this difficult time.
What Is a Wrongful Death Truck Accident?
A truck accident wrongful death case happens when a person loses their life due to the careless actions of another party. In the case of truck accidents, this negligence could be on the part of the truck driver, the trucking company, or even the manufacturer of faulty truck parts. Some common causes of fatal truck accidents include:
- Truck driver fatigue from violating hours of service regulations
- Distracted driving, like texting or eating while behind the wheel
- Driving under the influence of drugs or alcohol
- Speeding or reckless driving
- Improper truck maintenance leading to equipment failure
- Overloaded or improperly loaded cargo
When negligence leads to a truck accident fatality, certain family members may be able to file a wrongful death lawsuit.
While no amount of monetary compensation can ever replace your loved one, a successful truck accident wrongful death claim can provide a sense of justice and much-needed financial support for those left behind.
Who Can File a Wrongful Death Claim?
In Arizona and South Carolina, a representative of the deceased person’s estate files a wrongful death claim. This representative is usually named in the will or estate plan. If there is no will, the court appoints a representative, such as the surviving spouse or an adult child.
The personal representative files the claim on behalf of the deceased person’s surviving family members. In Arizona and South Carolina, this includes:
- The surviving spouse
- Children (including legally adopted children)
- Parents or legal guardians
- Any family member who was financially dependent on the deceased
If your loved one has lost their life in a fatal truck accident today, it is crucial to consult with an experienced truck accident wrongful death lawyer who understands the specific laws in your state.
They can advise you on who can file the claim and what types of damages may be available.
Compensation in Wrongful Death Cases
In a wrongful death truck accident case, the eligible family members may be able to recover various types of damages, including:
- Funeral and burial costs
- Medical expenses
- Lost income and benefits the deceased would have earned had they lived
- Pain and suffering endured by the deceased before their passing
- Loss of care, companionship, and guidance provided by the deceased
- Punitive damages in cases of gross negligence or intentional misconduct
The exact compensation will rely on the circumstances of each case. An experienced truck accident wrongful death lawyer can evaluate your situation and advise you on what types of compensation you may be entitled to receive.
Legal Time Limits
You must keep in mind that wrongful death claims are subject to statutes of limitations, meaning there is a limited time frame in which you can take legal action. In Arizona, the statute of limitations for a wrongful death claim is two years from when the victim passed on. In South Carolina, it is three years.
However, it is always best to consult a truck accident wrongful death attorney as soon as possible after the truck accident.
Critical evidence can disappear quickly, and insurance companies often try to settle claims for far less than they are worth.
An attorney can help protect your rights and ensure you receive the full compensation you deserve.
What to Do After a Fatal Truck Accident
If you have lost a loved one in a truck accident, it is crucial to take certain steps to protect your rights. These include:
- Report the accident to law enforcement right away
- Seek medical care for any injured parties
- Gather as much evidence as possible, including photos, witness statements, and the police report
- Avoid speaking to any insurance companies before consulting a lawyer
- Contact an experienced wrongful death lawyer to discuss your case
At Wrongful Death Lawyer, our compassionate Care Team is here to guide you through every step of this difficult process.
We know that dealing with legal issues is the last thing you want to face when grieving a devastating loss. We aim to provide the resources and support you need to make informed decisions about your case.
Moving Forward
A fatal truck accident changes life in an instant. Suddenly, you are left to pick up the pieces without your loved one by your side. At Wrongful Death Lawyer, we want you to know that you do not have to face this alone.
If you believe your loved one’s passing was caused by someone else’s negligence, we encourage you to reach out to our Care Team. We are here to listen to your story, answer your questions, and provide the guidance you need.
No one should have to endure the pain of losing a loved one in a senseless truck accident. Let us help you seek the justice and compensation you deserve. Contact Wrongful Death Lawyer today for caring, confidential support. We are always here for you!
