Wrongful Death – The Legal Definition – Car Accident Lawyer
We can help you in any way we can. Please contact our office or fill out the contact form to speak with a compassionate and skilled lawyer who can fight your case in court. We are on your side and will help you be compensated for any accident-related injuries.
Motor vehicle accidents can happen unexpectedly. That does not mean you are at fault. In California, negligence by the driver of another vehicle will generally result in liability for any injury, physical damage, or property damage that results from the car accident. However, there are special circumstances under which a wrongful death action may be brought against another driver. The facts of the accident will determine whether or not such a situation exists.
Motor vehicle accident law can be complicated, especially when a wrong move or action of the driver of the car causes the car accident. You can be at fault for the accident even though you were following the rules of the road.
In California, you may still bring a wrongful death action against the driver of the other vehicle. This means that, if the car accident was caused by your negligent driving, you can bring a wrongful death action. Even if you were following the rules of the road and followed all of the appropriate precautions for driving and operating a car.
There are several factors that you must consider in order to bring a wrongful death action. Most often, you are bringing the action against the driver of the other vehicle. Sometimes, you can bring the wrongful death action against the driver of the car accident even if you were not the operator of the car at the time of the motor vehicle accident. There are legal considerations that must be considered and determined.
There are two types of actions brought for wrongful death. One is a suit seeking damages for the wrongful death of a husband or wife, parent or child, or a member of the immediate family of the victim. The second type is that of a suit for the wrongful death of a “near relative” of the victim. That is, a spouse or child or parent or child of the victim.
You can bring a wrongful death action whether the deceased was a driver of a vehicle or a passenger in a motor vehicle. The same is true for other persons who were injured in the motor vehicle accident.
It is helpful to bring a wrongful death action against a corporation as it can be easier to trace the wrongdoer. As to bringing the action against a government entity, there are a number of circumstances and issues that must be considered.
The first consideration is jurisdiction. The place where the wrong doer resides and the place where the defendant resides is where the action will be brought. If the wrong doer is in Pennsylvania, you will not be able to sue a Pennsylvania resident. If the wrong doer is in another state, there are a number of ways in which you can bring the action without placing a Pennsylvania resident in jeopardy. You could sue another resident of the state where the defendant resides, or you could bring the action in another state, or even a foreign country.
As to whether you have an adequate legal claim against the defendant, that is a determination that must be made in light of all the facts. If the defendant was negligent or reckless, you have a strong claim. If the defendant was negligent or reckless, but was acting within the scope of their employment, you have a strong claim. If the defendant was not acting within the scope of their employment, but was merely an innocent bystander, you have a weak claim. If the defendant was acting in conformity with applicable laws, and the plaintiff was not acting in conformity with applicable laws, you both have no claim. A person who makes a claim against a government entity, such as a local municipality, has a very difficult time bringing a claim against that entity. It is difficult to trace the wrong doer. The laws of that government entity must be obeyed. It is very important to have the assistance of an experienced wrongful death attorney. Without proper representation, you may not succeed.
If you have a legal claim and need assistance in bringing a wrongful death action, contact a Philadelphia personal injury attorney.
