Understanding Wrongful Death Claims
A wrongful death claim is a civil lawsuit filed when someone dies due to another party's negligence or intentional act. In truck accident cases, this typically involves proving that the truck driver, trucking company, or another party acted negligently and that this negligence directly caused the fatal accident.
Truck accidents have a disproportionately high fatality rate. According to NHTSA data, approximately 5,000 people die in large truck crashes annually, with 71% of fatalities being occupants of other vehicles.
Common Causes of Fatal Truck Accidents
Who Can File a Wrongful Death Claim
Wrongful death laws vary by state, but generally the following parties may be eligible to file:
Surviving Spouse
Typically has primary standing to file a wrongful death claim in most states.
Children
Biological and adopted children may file, especially if there is no surviving spouse.
Parents
May file if the deceased was unmarried and had no children, or if the deceased was a minor.
Siblings
Some states allow siblings to file if there are no closer surviving relatives.
Estate Representative
The personal representative of the estate may file on behalf of the estate and beneficiaries.
Financial Dependents
Some states allow anyone who was financially dependent on the deceased to file.
Damages Available in Wrongful Death Claims
Wrongful death damages are intended to compensate survivors for both economic losses and the intangible impact of their loss:
Economic Damages
- • Lost income and future earnings
- • Lost benefits (health insurance, pension)
- • Medical expenses before death
- • Funeral and burial costs
- • Loss of services (household duties, childcare)
- • Value of inheritance lost
Non-Economic Damages
- • Loss of companionship
- • Loss of consortium (spouse)
- • Loss of parental guidance (children)
- • Mental anguish of survivors
- • Pain and suffering of deceased
- • Loss of care and nurturing
Punitive Damages
In cases involving gross negligence or intentional misconduct—such as a trucking company knowingly allowing fatigued drivers on the road—punitive damages may be awarded to punish the defendant and deter similar conduct.
The Legal Process
Wrongful death claims follow a specific legal process. While grieving, it's important to take certain steps to protect your family's rights:
- 1
Preserve Evidence
Send a spoliation letter to preserve truck data before it can be destroyed.
- 2
Retain an Attorney
A wrongful death attorney can handle the legal process while you grieve.
- 3
Investigation
Your attorney will gather evidence, interview witnesses, and identify liable parties.
- 4
Calculate Damages
Economic experts will determine the full value of your loss.
- 5
Negotiate or Litigate
Most cases settle, but your attorney should be prepared to go to trial.