Around 1 million people die in car accidents every year. While some are lucky enough to survive and fight for compensation, others are not. Sometimes, the victims’ injuries are so complex that they cannot recover from them. So, if the victims die after filing for a crash claim, what happens to the claim? Do they get the compensation they deserve, or the case takes another twisted turn?
In case you are wondering what happens in the case once the victims die after filing for a court case, you have come to the right place. We have discussed how the victims’ death affects the crash claim and what happens to the claim below.
Filing For The Wrongful Death Claim
If a road accident victim dies after filing a case for claiming compensation, that case becomes a wrongful death case, which means more trouble for the liable party. So, filing a crash claim case of a car accident in Lawyer Perth can help claim the damage. If the victims had any personal injury, but the cause of their death is the accident, the personal injury case discontinues.
The Damage Claimed By The Victim Party
What are the damages the victims’ family members can claim? They are mentioned below:
- Home maintenance
- Loss of benefit
- Medical expenses of the victim
- The loss of mental health due to losing one of the family members
- Burial or funeral expenses
- Loss of income
- Yard maintenance
- Child care
However, in deciding whether the driver who caused the accident was at fault or not, the court follows the below-mentioned considerations:
- The first thing a solicitor investigates is whether or not the driver was following the driving rules. If the court finds out that the driver failed to maintain the driving rules, then they will be considered liable.
- Drug overdose is one thing the court or the solicitor of the deceased party always tries to consider. Just like drinking and driving are restricted, no one is supposed to drive after taking drugs.
- Whether or not the drivers were responsible for the accident. For example, accidents can occur due to bad road conditions. The court will try to consider this fact as well.
The Points That The Solicitor Looks For
Usually, the representative of the victim party always tries to investigate thoroughly by observing if there was any other liable party responsible for the car accident or not. It helps the deceased party to claim compensation.
Since every car accident is different and comes with some liable parties, the solicitor of the victim party considers:
- If the car had any mechanical failure due to which the accident happened. If that is the case, the deceased party can talk to a solicitor to file a case of wrongful death or injury in Lawyers’ Perth, seeking compensation.
- If the drivers drive a commercial vehicle and the accident occurs while on duty, the employer has to bear the compensation. But, if the employer is the driver, the employer has to bear the compensation.
- In crash claim cases, the deceased party’s solicitor also looks for whether or not the driver was intoxicated. In that case, the bar or restaurant patron gets the liability.
Do you Need A Solicitor To Sue The Liable Party?
If a wrongful death case occurs, the victim’s party has to look for a solicitor who can continue the case in court. Only professional and licensed solicitors can sue the liable party and help the deceased’s family to claim the damage. But it can only be possible if the solicitor can show that there is a liable party responsible for causing the accident.
However, if the victim party does not have any representative, the court can appoint one for them.
The Importance Of Solicitors In Crash Claim Cases
The crash claim cases are usually more complicated than imagined. These types of cases become even more complicated while claiming insurance from insurance companies. Insurance companies try to decrease the amount of money claimed.
Claiming the money for the mental and physical damage caused by the accident becomes nearly impossible in crash claim cases. So, hiring a solicitor who can represent the victim party in court by investigating accurately is necessary.
Crash claim cases are usually more complex than others. Since the main target of filing a crash claim is to get justice by claiming the damaged money, a solicitor has to investigate a lot of things and find out who can be held liable for the accident and the victim’s death. For that, the victim party needs strong case representation in court. Only a licensed and expert solicitor who provides free consultation and listens to your case with attention can provide the family with support in the form of an investigation.