If you're filing a wrongful death on behalf of a loved one who died in a motor vehicle accident, chances are, dangerous conditions likely played a factor. A wrongful death lawyer can help you file claims against every negligence party involved in the tragic accident, including state, federal, corporate, and/or private property owners.
Here are some common legal tactics used by wrong death lawyers in cases involving hazardous roads.
Motor vehicle accidents tend to be concentrated on specific stretches of road. If your wrongful death lawyer can prove that stretch of road is statistically more dangerous than other areas, they can build a case for negligence for the entity responsible for maintaining it.
- Meta Data: wrongful death lawyers can assess the relative danger of a road by compiling multiple data points about it. For instance, they might look at a road's history, its maintenance record, and any updates made by the entity responsible for maintaining its safety. In addition to looking at a road's history, they can analyze insurance, the Department of Transportation, and court records to find more data points related to it. The more data they find, the more evidence they'll have when they build a case for negligence.
- Intersections: many motor vehicle accidents in an area happen at a handful of intersections. Similar to the metadata process outlined above, a wrongful death lawyer can concentrate their efforts by focusing on a specific state, federal, or local government entity for failing to improve a dangerous intersection. In some cases, they can send out an independent surveyor to make precise calculations and pictures of the intersection to isolate dangerous flaws that demonstrate wanton negligence.
In many cases, wrongful death lawyers aren't hired until a settlement has already been offered. If your wrongful death case involves an automobile accident, you should never settle until a lawyer has thoroughly evaluated your case.
- Litigation: in most wrongful death cases involving dangerous roads, the negligent party or parties want to avoid a costly and lengthy court case. If your wrongful death lawyer can convince the defendant(s) in your case that you're serious about litigating the case, they might offer a much larger settlement.
- Adjusters: many wrongful death cases become negotiations between lawyers and insurance adjusters. Even if you haven't hired a wrongful death lawyer until you're negotiating with insurance adjusters, having them negotiate on your behalf can give you legal protections and knowledge that can get you much larger settlements.
If you feel your loved one died wrongfully, don't settle. Contact a wrongful death attorney for help.