Accident Fatality

An accident fatality is not only an emotional loss, but also a financial loss for many families, particularly when the decedent was the family's breadwinner. If a fatality was caused by another person or company's negligent behavior, then a wrongful death lawsuit is a means for a decedent's family to recover for some of its financial losses. A successful wrongful death action typically provides for the payment of expenses such as medical bills and funeral costs, but it also can award the decedent's family compensation for the loss of the decedent's current and future support, in the form of pecuniary damages. The amount of pecuniary damages available for a deceased's family depends in large part on the family circumstances at the time of the fatal accident, the loss of current and future earnings, the life expectancy of the decedent, as well as the dependence of the family on the decedent's support. All of these factors combine to help the parties reach a settlement as to the appropriate amount of pecuniary damages, or if such an agreement cannot be reached, then a jury and/or judge will decide the amount of damages to be awarded, if any.

Fast Facts

  • The second leading cause of death in 2006 for children under the age of 1, as well as children and young adults ages 10 - 24, was homicide.
  • Americans over the age of 65 constituted 14% of all traffic fatalities in 2007.

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