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When you get the call that no one ever wants to receive

It's the call that no one ever wants to receive, the one informing you that someone close has been in an accident. It can be next to impossible to prepare for but can unfortunately happen to anyone at any given moment.

Losing a loved one to a fatal car accident can be difficult to accept, perhaps especially if the loss comes at the hands of the negligence of another party. If you lost someone close in a collision, the fallout may have left you in search of answers -- and justice.

Pursuing a wrongful death claim

Perhaps another party was at fault in the collision that claimed the life of your loved one, you may wish to hold him or her accountable through the civil justice system. Should you choose to file a wrongful death claim, several factors must be present before you can proceed, which include the following:

  • Negligent behavior:  Proving negligence is perhaps the first step in the process. In car accidents, negligence can take a variety of forms, ranging anywhere from distracted or reckless driving to intoxication.
  • Breach of duty:  You will also have to prove that a breach in duty took place. Each driver has a duty of care to obey traffic laws and safely operate his or her vehicle.
  • Cause of death:  Another crucial step in the process is to show that the negligent behavior of the other party is responsible for the death of your loved one.
  • Resulting damages:  To pursue restitution, you must suffer substantial damages, which can include monetary hardships from a loss of income, any medical expenses from the collision, and pain and suffering the victim experienced before death.

Before entering the process, you might want to gain a general understanding of what to expect and develop a strategy, but with little experience in the area, this can be difficult to achieve. Seeking guidance from someone who is knowledgeable in California state wrongful death laws is likely a solid move toward preparing you for what comes next.

Advice and assistance

Losing someone close due to negligence can be stressful and daunting, and along with the emotional grief you may experience, the financial ramifications of such a tragedy can be overwhelming. Perhaps you wish to pursue restitution through a wrongful death claim, but with numerous crucial aspects to cover, you could be feeling somewhat overwhelmed by the process. You could seek guidance from someone with experience in handling such intricate matters, which might prove crucial to preparing you to pursue the full amount of compensation you deserve through whatever means necessary.

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Shumate, Flaherty, Eubanks & Baechtold

Shumate, Flaherty, Eubanks & Baechtold
225 West Irvine Street
Richmond, KY 40475

Richmond Law Office Map

P.O. Box 157
Richmond, KY 40476

Local: 859-623-3049
Toll Free: 800-494-9916
Fax: 859-623-6406

After Hours & Weekend Consultations available in our office, your home and/or the hospital.