A wrongful death occurs unexpectedly and is the cause of another’s negligence. Our auto accident attorneys understand the emotions that accompany a wrongful death and are here to help guide you through this difficult time. Filing a wrongful death claim after a fatal car crash can be confusing and it is the last thing you want to think about after losing a loved one.
West Virginia and Ohio have different laws governing how a wrongful death claim is filed and our attorneys will help you understand the process.
Two aspects must be present in order to file a wrongful death claim.
- Another person such as a negligent driver or a car manufacturer must have caused the fatal car crash.
- The negligent driver or car manufacturer must have adequate insurance to aid in a recoverable wrongful death claim.
The fatal car crash must have been the fault of another person and not the fault of the victim in order to file a wrongful death claim. Fatal car crashes are usually the result of negligent driving or a defective vehicle.
The driver at fault for the fatal car crash may have caused the accident by:
- Not paying attention to the road
- Talking or texting on a cell phone
- Ignoring traffic signals
- Picking up a dropped item
- Driving aggressively
A car manufacturer may be at fault for the fatal car crash if the vehicle was manufactured incorrectly or the design of the vehicle was flawed. SUVs have a history of causing car accidents because of their defective design and many SUVs have been subject to recalls.