Distracted Driving And The Death Of A Loved One: Your Right To A Wrongful Death Claim
Nowadays, it seems everywhere you look you see someone with their head tilted down staring at the screen of a mobile device. Today, 81% of Americans own a smartphone. Mobile devices keep people connected at all hours of the day and night no matter where they are in relation to one another.
Unfortunately, that level of connectedness leads to some serious distractions, particularly for drivers on the road who are more worried about their notifications than the safety of others. Among a U.S. population of roughly 318.9 million people, more than 2.5 million people find themselves involved in an auto accident each year, and 1.6 million of those include cell phone involvement.
If you have recently suffered the death of someone you love at the hands of a distracted driver, the statistics prove you are not alone. Your grief is shared by many who have been in your shoes. Although it does not bring your loved one back, it is important to know that you can file a wrongful death suit against the distracted driver and receive proper compensation to assist those of you left to grieve.
Why an Attorney Is Necessary
Hiring an attorney to handle the sensitive details of a wrongful death suit is important, particularly when you are dealing with a case involving distracted driving. A lawyer can submit proper paperwork through the court requesting access to phone records to see if the other driver was, in fact, distracted at the time of the accident.
For instance, phone records may show the driver was in a call or exchanging messages. Social media interactions at the time of the accident can also help. If records and witnesses indicate that the driver who caused the death of your loved one was distracted at the time of the accident, he or she could be charged with gross negligence. In the event of negligence, a judge is likely to offer you compensation for the loss of your loved one.
Who Can File a Claim
Keep in mind that it is not just anyone who can file a wrongful death claim, no matter the circumstances. If you plan to file a claim, you must show that you have or will suffer from the following as a result of your loved one's death:
- Financial loss
- Love, moral support, and companionship, consortium, and/or affection
- Household support
A lawyer can best help you determine if you are able to submit a wrongful death claim based on your situation and relationship with the person you lost. However, most situations involving a claim are filed by the following:
- Parents
- Guardians
- Stepparents
- Spouses
- Children
- Adopted children
- Distant relatives (grandparents and/or siblings)
- Domestic partners
- Anyone financially dependent on the deceased
Make sure you provide records so the lawyer can determine who you are and what right you have to file a wrongful death claim. Providing financial records and any other records both personal and professional you might have to show that the deceased provided you with support of some kind can help a lawyer assist you to the best of his or her ability.
Make sure you contact a wrongful death attorney service near you. A professional lawyer understands that such a sensitive matter requires an equally sensitive and expert approach. Dealing with a loss is difficult enough without the additional stress of dealing with a legal battle. Your lawyer will make sure to handle the nitty gritty details of your case so you can focus on the grieving and healing process that you and your family must face. Get in touch with legal professionals today to get started.