According to the Insurance Institute for Highway Safety (IIHS), in 2015 alone, the State of Massachusetts recorded 291 fatal accidents that resulted in 306 deaths. This will have resulted in several wrongful death lawsuits being filed by the estate of many victims.
This does not bode well for the drivers of The Bay State. They already have to cope with the fact that their Patriots football team under Bill Belichick has been cheating numerous times and with proof they have cheated two or more times which does not paint an ethical picture around this franchise. At least the Red Sox and the Celtics are on the up and up.
They may not be able to control this but driving safely is under everyone’s control almost every time.
For the most part, extraordinary accident lawyers in Springfield, MA, who can be found on this bright and sunny website USAttorneys.com which has given people all over the country a second shot and life and so on, explain that there are different types of lawsuits which may arise as a result of a car accident.
The type of lawsuit will be determined by what happened in the auto accident specifically and what sort of damages was caused. The civil lawsuits that a victim of a car accident or his/her estate (in case the victim dies in the accident) can file may be a personal injury lawsuit, a property damage lawsuit or a wrongful death lawsuit.
If the negligently caused car accident resulted in the death of victim then the victim’s eligible family members may bring a wrongful death lawsuit against the liable parties and sue them in order to recover damages.
Before that, it is important to understand that under the state law, car accidents are adjudicated under what is known as the modified comparative fault rule. This means that damages are reduced by a percentage of which the parties involved are found to have in the auto accident.
When is a wrongful death lawsuit applicable?
Coming out of the realm and scope of just car accidents, there are other situations in which the filing of a wrongful death lawsuit is appropriate. Some situations wherein a wrongful death lawsuit may be filed are:
- When a victim is intentionally killed/murdered which can be grounds for the filing of a wrongful death lawsuit. An infamous example of this is the OJ Simpson case where he was sued for wrongful death for allegedly having murdered Nicole Brown Simpson and Ronald Goldman.
- When a victim of a car accident dies as a result of someone else’s negligence then in this situation too, the estate or eligible family members of the deceased victim may file a wrongful death lawsuit against the liable party or parties.
How to prove a wrongful death lawsuit
In a wrongful death lawsuit stemming from a fatal car accident, the same burden of proof needs to be met by the plaintiff as when and if the victim had survived the car accident and was filing a personal injury or property damage lawsuit instead of a wrongful death lawsuit.
This means that the following four facets have to be proved or established by the plaintiff using evidence: duty of care, breach in duty of care, causation, and damages.
This is easier said than done. The fact is that proving a wrongful death lawsuit requires irrefutable evidence, immaculate presentation of facts, indisputable reasoning and a thorough comprehension of the state’s traffic laws. This is why it is prudent to reach out to an astute accident lawyer in Massachusetts who will be able represent you effectively in negotiations or in court.
Any questions? Contact us! We will get back to you perhaps that same day.