Truck accidents tend to be messy and fatal, and the survivors usually end up with severe injuries. There are many causes of such incidents, especially careless and inattentive driving. If you lose your loved one in a truck accident, you need to know how to get compensation for the loss. Involving a good truck accident attorney is crucial in getting the maximum benefit from the case. A seasoned lawyer will assess the case and know how to steer it into victory and ensure the culprit does not escape scot-free. However, first, you need to know who can file the lawsuit.
In most states in the US, the judiciary follows two main systems in settling truck accident cases. The first is Lord Campbell’s Act, which began operation many years ago. According to this act, the beneficiaries of the deceased are the ones who can legally file a claim. This category begins with the spouse and children.
Though many people consider this law archaic, it helps limit the number of people who can file claims just to take advantage of the situation. The immediate family (spouse and kids) make up the first category of survivors. However, if they are unavailable, the law proceeds to the second category of survivors. However, if none at all are present, no claim can be filed.
The second system is the loss-to-estate system. This one extends the limit since it allows only those included as representatives of the deceased’s estate. Anyone who will be part of those sharing in the estate can file a claim. The compensation amount usually gets included in the estate as a special trust and then distributed among all the beneficiaries.
In most cases, those allowed by the law to file a lawsuit due to wrongful death include the spouse, children, sibling, or any other financially dependent individual. The connection to the deceased is necessary because you are essentially acting on their behalf. Therefore, your role will be to represent them as the plaintiff.
Why File a Wrongful Death Lawsuit?
Filing a wrongful death lawsuit can be pretty hectic if you do not have the proper resources. The main idea behind such a case is that if the accident hadn’t caused death, the deceased would have filed a personal injury case. Such lawsuits usually involve proving that the accident was because of the negligence of one party. The defendant is usually the person accused of being negligent or intentionally performing harmful actions.
The defendant can be anyone, including the following:
• The truck/part manufacturer
• The driver’s employer
• The truck driver
• The cargo shipper
• The trucking company
It is not a must that the accused be only one party. Some cases may involve more than one defendant, depending on what will get revealed by the investigation. With a good lawyer, you will be able to uncover all the things that went wrong and who should get blamed for it. A successful lawsuit will reward you with financial compensation to help the beneficiaries get financial aid as they mourn their loved ones. Though the money doesn’t take the place of the one you lost, it will help put the affected people back on their feet.
