Wrongful death suits can be filed for many reasons and aren’t limited to vehicle crashes.
Although every state has its own wrongful death statute and the requirements to file a wrongful death lawsuit under the auspices of that statute vary, the reasons for filing such a suit tend to remain the same.
Cases vary and have many components to them like the case involving a man whose wife died as the result of a car crash in July of 2009. In this instance, the van the couple was driving was rear-ended and forced off the road, rolling over several times before coming to a halt. The husband was permanently and severely injured, and the wife died as a result of her injuries. In consultation with a skilled personal injury attorney, the husband decided to file a wrongful death suit against not only the driver of the other vehicle, but General Motors and a seatbelt manufacturer.
If you’re familiar enough with personal injury law from reading articles like this, you will realize that the wrongful death suit’s foundation lies in negligence (of the other vehicle’s driver) and product liability (the maker of the van and the seatbelt manufacturer). When the case winds up in court, it will allege that in combination with the negligence of the other driver failing to control her vehicle, that the seatbelt in the van was defective and failed, ejecting the wife.
The plaintiff, the severely injured husband, will further claim that General Motors and the makers of the seatbelt knew, or should have known the belt design was defective and that it stood a good chance of failing under accident conditions. The plaintiff’s attorney will present evidence that close to 19,000 vans of the same type the couple was driving when hit, were recalled due to defective right rear seat belts. The problem? The belts had a propensity to separate during a crash, causing severe passenger injuries.
While this may sound like an open and shut case on first blush, there are all kinds of other issues that may arise. This is one of the major reasons that if you are in a car accident involving severe injuries or death you should immediately speak to an experienced personal injury attorney. You need legal assistance to get compensation for your injuries and to obtain a settlement in a wrongful death case. Don’t make the mistake of thinking you can do this on your own. There is too much at stake to be your own advocate in cases like this.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.