If you have lost a loved one in a car accident then you are no doubt devastated. Many people often rethink the moments that led up to the accident, or replay the day of, as he or she sent a husband or wife off to work, only to receive the terrifying news hours later.
It is natural to want to know why and how the automotive accident happened. And learning that you have lost someone due to the negligence of another driver may be the most difficult day in a person’s life.
At the Manchin Injury Law Group, our West Virginia auto accident attorneys see people who have lost someone close to them in a car accident all the time. They often come to us after learning what caused the accident, but there are also times when they need to prove that another driver’s negligence, poor sign placement or a malfunction in the vehicle caused the accident that killed their loved one.
We seek maximum compensation in such cases. For a free consultation with a fatal car accident lawyer in West Virginia, call us at (304) 367-1862.
Wrongful death lawsuits for car accidents are an insurance company’s worst nightmare. Oftentimes, an insurance company will take advantage of the bereaved, offering them pennies on the dollar as the victim’s family members are too sensitive or feeling too guilty to consider all the factors surrounding their loved one’s death, as well as what they are truly entitled to as a result of the loss. At the Manchin Injury Law Group, we understand that no amount of compensation will ever ease the pain of losing someone you love; however, it can help ease the burden of the financial concerns that often arise as a result of these types of tragedies.
Each year, there are thousands of people killed in motor vehicle accidents all over the country. The National Highway Traffic Safety Administration (NHTSA) reports that there have been an average of about 340 car accident-related deaths over the last five years in West Virginia. On average, more than 240 people who were killed were passengers in a vehicle, and nearly 100 are killed each year in accidents that involve alcohol and impaired drivers.
While even seemingly minor car accidents can cause fatal injuries, some are particularly dangerous. The most common types of accidents that result in fatalities include head-on collisions, vehicle rollovers, excessive speeding and accidents that occur as a result of driving under the influence. The injuries that most often cause death during a car accident include blunt force trauma, crushed ribs and lungs, brain and spinal cord injuries, internal hemorrhaging and damage to a person’s vital organs.
If you lose someone you care for due to any of these types of injuries, you may file a wrongful death lawsuit against those who are allegedly responsible. It is important to understand that when someone dies in a car accident, wrongful death claims are rooted in the theory of negligence. To win such a case, it is important that we are able to prove that the defendant owed the victim a legal duty to provide reasonable care while driving; that the defendant breached his or her duty of providing reasonable care by manufacturing faulty equipment (in cases of defective automotive products), speeding, or driving under the influence; that the accident was caused directly by the defendant’s breach of duty to exercise reasonable care while driving; and that the victim suffered serious injuries that led to his or her death as a result of the defendant’s negligence.
People who may be eligible to receive compensation that is awarded as a result of a wrongful death lawsuit may include the victim’s husband or wife, his or her children and stepchildren, adopted children, brothers, sisters, parents, and anyone else who was financially dependent on the victim before his or her death. West Virginia state law provides for family members of victims of motor vehicle accidents to seek compensation for mental and physical pain and suffering, loss of consortium, funeral costs, lost income and earning capacity, and loss of assets such as the vehicle.
If you have questions about a loved one who was the victim of a fatal car accident in West Virginia, call the Manchin Injury Law Group. Speak to our West Virginia personal injury lawyers today for a free consultation at (304) 367-1862 or email us now.