My Spouse Was Killed in a Truck Accident, What Are My Rights?
Close to 4,000 individuals a year are killed in commercial truck accidents. Approximately 90 percent of these deaths involve the occupants of the passenger vehicle. Trucks often weigh 20 to 30 times that of a passenger vehicle, resulting in far more extensive damage to the car and, at the most extreme, death to its occupants.
Losing your spouse in a truck accident is among the most devastating things that you could experience. The loss is likely to leave you emotionally traumatized and financially vulnerable. There are steps you can take to seek justice for the loss of your loved one and receive compensation.
Wrongful Death Claims
Wrongful death statute states that a claim for wrongful death can be brought if the wrongful act, negligence, carelessness, default, or unskillfulness of one party causes the death of another. Accordingly, if the truck driver or trucking company involved in the accident may have acted in a negligent manner, the death of your spouse would be deemed “wrongful” and you may have the right to pursue a wrongful death action.
Who Can File A Wrongful Death Claim?
The surviving spouse, as well as the surviving children or parents, of the deceased individual may file a wrongful death claim. Any of these parties may file the action singly or as a group.
If the surviving spouse, children, or parents of the deceased individual fail to file a wrongful death action within three months from the date of death, the executor or personal representative of the deceased’s estate may instead file the claim, unless requested not to by a surviving family member.
Damages in a Wrongful Death Case
The damages allowed in a wrongful death case are intended to compensate the surviving spouse or other family members for their losses stemming from the sudden and unjust death of their loved one. Damages can include:
- Burial and funeral expenses
- Lost earning capacity
- Lost maintenance, support, services, advice, care, and counsel that the deceased would have provided to his or her family
- Loss of the deceased’s love, companionship, society, and comfort
- Mental and emotional pain and suffering, as well as anguish
- Loss of inheritance, including what the deceased would have saved to go to surviving family members if he or she lived a normal life expectancy
- Medical expenses incurred by the deceased prior to death
In some wrongful death cases, exemplary damages may additionally be awarded. In other jurisdictions, these damages are commonly referred to as punitive damages. Exemplary damages can be recovered when the negligent trucker or trucking company acted with gross negligence to cause the accident. These damages are intended to punish the wrongdoer and prevent future negligent behavior.
Zinda Law Group: Assisting in Wrongful Death Action Caused by Trucks
Losing your loved one in a truck accident is devastating and unfair. The loss of your spouse may leave your family emotionally and financially reeling. The truck accident attorneys at Zinda Law Group assist the spouses of deceased loved ones in obtaining compensation for their loss.
We will fight for compensation for funeral and burial expenses, lost spouse’s wages, emotional pain and suffering, loss of companionship, and much more. We will fight for justice for your loved one. Call Zinda Law Group toll free at 800-863-5312 to schedule your free consultation.