Wrongful Death Claims After a Fatal Car Crash

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Jim Leach, LC – Unhappy Golfing

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.

  1. Another person such as a negligent driver or a car manufacturer must have caused the fatal car crash.
  2. 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
  • Speeding

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.

For help with your wrongful death claim after a fatal car crash, please contact our auto accident attorneys today. We are here to help clients in West Virginia and Ohio.