A wrongful death case can be filed when someone is killed in a semi-truck accident. The family of the deceased person has the right to bring the case. There are technical rules about who can bring a wrongful death case. These rules often vary by state, and the rules need to be confirmed by an attorney.
What is a wrongful death case?
Simply, it is the type of case filed when someone does something wrong (the lawyer term is “negligent”) and the wrongdoing causes someone to get killed. The person who died cannot bring a case, and so instead, the close family members have a right to bring a case on behalf of the person who was killed.
Do I need a lawyer for a wrongful death case if it was the semi-truck’s fault that the accident occurred?
The insurance company of the semi-truck company will call the family after the accident, and sound remorseful. Not to take away from human compassion, but the entire goal of the insurance company is to pay out as little money as possible died to their truck driver causing the death of someone else.
The insurance company’s first goal is to make the family feel comfortable enough that they do not call a lawyer. If a lawyer gets involved, the insurance company knows the money that they will have to pay to the family will go up significantly. This is because the lawyer can understand the value of the case, because he has represented a lot of semi-truck wrongful death accidents. The family of someone who is killed by a semi-truck accident may think that $25,000 dollars, or $50,000 dollars is a lot of money. This is a pittance of what the value of the case. Insurance companies are trying to use the grief of the family to settle the case before the family talks to a lawyer. We cannot say it’s wrong or illegal, because it is not. However, if the family settles the semi-truck accident wrongful death case without talking to a lawyer, they are not getting the value they deserve.
Most wrongful death cases are worth significantly more than six figures. No lawyer can ever represent a guarantee, or state that a certain case is worth a certain amount of money, but historical data shows that when a lawyer gets involved the family will be better compensated.
Each state has different rules for wrongful death, and so discussing specifics is difficult. There are a number of commonalities in the response to a wrongful death case.