Can You Sue for Wrongful Death in a Fatal Car Accident?

Question: My husband was killed in a car accident. Can I sue for wrongful death?

Response:  All states have some kind of statute governing wrongful death. Common to all of these statutes is the requirement of some kind of wrongdoing on the part of the person or entity responsible for the death. The wrongdoing can be negligence or can be intentional. The important point is that the person who was killed by the wrongdoing would have been entitled to sue if they had survived. In the case of a number of fatal car accidents, the spouse (or other qualified representative) can sue for wrongful death if the person killed could have sued for the other driver’s negligence. If nobody was at fault for the accident, then no wrongful death recovery is allowed. If, for example, the accident resulted from faulty vehicle design or construction, then a wrongful death recovery may be one of the available remedies against the car manufacturer.

Answered by Coulter Boeschen

Additional Resource: Car Accident Attorneys

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