No amount of money can erase, or even substantially ease, the pain of losing a loved one, especially to an accident that could have been prevented. Still, unpaid bills, along with an uncertain financial future, can increase the affected family’s difficulties tenfold.
A wrongful death claim can provide a family with much-needed funds at a difficult time, especially when it has so many other issues with which to be concerned.
What is a Wrongful Death Claim?
Wrongful death can occur when a responsible person or business violates its duty of care to an individual, resulting in that person’s death. For example, drunk drivers violate their duty of care to their victims when they drive while impaired and cause an accident that kills someone — an action for which they should be held accountable.
Many types of accidents can be the cause of a wrongful death lawsuit, including:
• Vehicle accidents, including impaired or distracted driving or manufacturing defects,
• Public transit accidents,
• Truck accidents,
• Boating accidents,
• Product liability,
• Premise liability,
• Medical malpractice,
• Dangerous drugs,
• Construction accidents, and
• Dog attacks, to name a few.
How is a Wrongful Death Claim Made in Vermont?
A wrongful death claim is filed by the personal representative administering the estate of a deceased loved one. The claim is generally based on an underlying personal injury claim, such as those listed above. Therefore, the family must prove all elements of an accident and the relationship between the accident and the fatality. For example, suppose a careless driver killed a loved one. In that case, the lawyer must present evidence related to the auto accident and demonstrate that the injuries resulted in the loved one’s death.
After recovering damages from the defendant, the estate distributes the compensation to the deceased’s beneficiaries. A wrongful death lawyer in Vermont will assist the personal representative through the process of making the claim against the negligent party’s insurance company and having the distribution approved in probate court. Please call me at 802-888-7707 for a free consultation about a wrongful death or car accident claim.