Our client was struck head-on by a gas transportation truck that lost control while driving through wet road conditions. The impact killed our clients, leaving behind a spouse and children.
Head-on collisions are, unfortunately, becoming an increasingly common scenario.
Our client’s surviving spouse and children came to us, and we issued a wrongful death lawsuit on their behalf. A wrongful death suit can take many forms, but commonly, it’s a lawsuit that’s filed following the death of a person following the wrongful act of another. Typically, wrongful death lawsuits revolve around the concept of negligence and establishing that the at-fault party was actively making bad decisions that resulted in the death of another.
A wrongful death lawsuit is an option for grieving families to find justice and security following a tragic event. For a wrongful death lawsuit to be successful, negligence will need to be established and proven. A large majority of states have negligence statutes that set up the parameters of what can be defined as such. These statutes are used to determine how extensive the potential punitive damages are and what the compensation should be.
Wrongful death lawsuits can come in many forms across several situations. Commonly, wrongful death claims come either from a case of someone intentionally killed, involved in an auto accident, or medical malpractice.
In the case of wrongful death, it’s common for a settlement to include, at minimum, compensation for any medical costs incurred prior to the death of a loved one and funeral costs. Additional compensation can include a variety of other related expenses that your lawyer may argue for on your behalf.
The commercial company & defending insurance company attempted to argue that their driver was driving under the speed limit and following traffic laws. Through the process of discovery, we were able to establish fault and argue on behalf of our client. Discovery is a legal process where all parties gather and exchange information. This includes things like witness testimony and evidence collected.
A critical aspect of discovery is the process of engaging in depositions. These pre-court hearings are typically recorded opportunities for parties to collect statements under oath that will be used in court or in a settlement negotiation.
It’s important to remember that all evidence to support your case/claim is critical. Insurance providers are not in the business of spending money. These processes are the key to proving your case.
In this case, the key factor was our client’s loss. It’s extremely difficult to suffer the loss of a loved one, especially if that loss came from the negligence of another. Finding justice and due compensation for our client’s surviving family was our chief concern, helping to ease the burden of this impossibly challenging time for them.
Ultimately, thanks to thorough discovery and years of experience with this facet of the law, Sutliff & Stout secured a $25 million settlement for our client.