Wrongful Death After a Tragic Truck Accident
Truck accidents will almost always have a serious outcome. Truck accidents that result in minor injuries are often regarded as being fortunate cases. Unfortunately, not every truck accident has a favorable outcome.
Losing a loved one in a sudden and tragic truck accident can be a traumatic experience. Unfortunately, it can also be an economic burden. Based on the personal injury laws of the state, obtaining financial compensation after the tragic loss of a family member may be possible. When an accident is caused by negligence, the victim’s family may have legal standing to file a wrongful death case against the negligent party.
While no money in the world will ever replace a loved one, obtaining financial compensation can help with the financial difficulties faced after their sudden and unexpected passing.
Wrongful Death Claims: Eligibility
In the State of California, wrongful death cases can be filed by parties who represent the victim’s estate. In a majority of cases, this will involve the following parties: The deceased’s spouse or artner, The deceased’s children, The deceased’s parents, The deceased’s siblings, or Other financially dependent parties.
Potentially Liable Parties in a Claim
Successful wrongful death claims demonstrate that the accused party has caused the death of the victim through their intentionally hurtful actions or through negligence. In wrongful death cases, there are several potentially liable parties, including: The trucking company, The truck driver, The cargo or loading company, The company that maintains the vehicle, or The truck or truck parts manufacturing company.
Damages Available in Wrongful Death Claims
The damages available in a truck accident can be categorized into the following:
- Economic Losses – These can involve costs for the victim’s medical treatment before his or her passing and the costs of the funeral or burial services. Economic damages can also include the loss of financial support that was provided by the victim, the loss of future expected earnings, the loss of benefits, and the estimated value of his or her household services.
- Non-Economic Losses – These damages are intangible losses and include the emotional distress suffered after the victim’s passing. Non-economic losses can also include the loss of relationship, guidance, and support.
- Punitive Damages – These damages are provided when the accident was particularly egregious and serve to bring punishment to the defendant. A court can award these damages when the defendant’s behavior was explicitly reckless and harmful.
Seek Quality Legal Representation
If you have recently experienced the tragic death of a loved one, confusion, despair, and trauma can be expected. Entering into a complex legal case can be the last thing on your mind, and that is understandable. Obtain the legal support of a well-established wrongful death law firm that will advocate on your behalf as you fight for justice.
Milligan, Beswick, Levine & Knox, LLP is exceptionally experienced in the field of wrongful death cases involving truck accidents. The compassionate litigators at Milligan, Beswick, Levine & Knox, LLP understand the difficulty families face when their loved one has been killed as a result of another’s negligence. As a result, the firm works tirelessly to ensure their clients obtain the highest compensation available and ensure negligent offenders are held accountable for their actions. Consider scheduling a no-obligation consultation with the law firm today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.