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Car crashes are sadly a common reason for premature death. There are multiple ways a car crash could occur, and various legal outcomes depending on how liability is determined. A local car accident lawyer could handle cases involving fatalities in Oak Lawn car accidents and be the family’s voice in court as they seek justice for the loss of their loved one. Reach out to an attorney to discuss your legal right to justice.
A wrongful death case can occur from any type of injury, and the most common type of case is automobile accidents. If a car crash results in the death of an individual, it will become a wrongful death case. If the injured person survives, they will have a personal injury case for damages.
It is common for severely injured individuals to receive medical treatment and then be transferred to a nursing home. Some may never make a full recovery, with deteriorating health sometimes resulting in death.
This can also be a wrongful death case if a lawyer is able to prove that the death was a consequence of the injuries sustained in the underlying accident. Sometimes an individual will pass away for reasons unrelated to the original accident. In this instance, the family would still be able to pursue a claim, but it would be for a survival action. A wrongful death case must be related to injuries sustained in the original accident.
The bulk of fatalities from car crashes typically arise in two circumstances. The first is when a car strikes a pedestrian or bicyclist, which can result in death for that person due to the lack of protection like the frame of a car.
The second category that results in death most frequently involves vehicles traveling at high rates of speed. The faster the car is going, the stronger the impact will be, whether it is a one-car accident or a multi-car accident.
While these types of accidents are typically more dangerous for the other party, the person driving the vehicle, which caused a crash, can also sometimes become a fatality in the collision.
It is natural to need some time to grieve after a sudden loss, but it is critical to speak to an attorney as soon as possible. The lawyer needs to begin working on the case to protect evidence and document what the family goes through as a result of the loss. The immediate aftermath of the death is typically when emotions are at their highest and lifestyles change. These aspects are part of the evidence that attorneys could use to justify recovering damages.
A qualified attorney could assist the family in many ways beyond simply advising them of their legal rights.
To make a personal injury case, the defendant must be established as liable, meaning they acted unreasonably or recklessly. Whether that conduct was legal or illegal does not make a difference when it comes to establishing negligence.
However, if the driver acted illegally in some way (such as driving drunk or driving underage), that can contribute to the ultimate recovery in a car accident fatality. The more outrageous the defendant’s conduct was, the likelier it is that the jury will sympathize with the defendant and award a larger sum of money for compensation. While illegal conduct is not required, it could be an aggravating factor which helps increase the value of the case.
Whether a person passed away at the accident scene, or they survived for a period of time before succumbing to their injuries, a case involving negligent driving is going to involve heightened emotions. If your loved one was killed in a fatal accident, you could benefit from having an experienced attorney handle the legal aspects while you focus on grieving. Contact a compassionate attorney to help you understand the nuances of a case involving fatalities in Oak Lawn car accidents.