Many of the same behaviors and decisions that lead to car crashes and car accident injuries, including driving while distracted, drinking or consuming drugs and then driving, and aggressive driving behaviors contribute to fatal car wrecks in Toledo as well. Some of the behaviors or circumstances that make it more likely that a fatal accident will occur include:
- Excessive speed and/or a lack of braking action prior to impact;
- The victim operating a vehicle not equipped with safety features like airbags or energy-absorbing materials;
- The victim not wearing his or her seatbelt;
- Head-on collisions and/or t-collisions; and/or
- The victim failing to obtain timely and adequate medical treatment for his or her injuries.
Determining the cause and/or causes that led to your loved one’s untimely and tragic passing is important in learning what rights to compensation you may have. Even if your loved one engaged in careless behavior him- or herself (such as by declining medical care at the scene of the crash), you may still be able to recover compensation. Let an experienced fatal car wreck attorney review your case and help you determine the best route forward for you and your family.
COMPENSATION AVAILABLE TO SURVIVING FAMILY MEMBERS AFTER A FATAL TOLEDO CAR CRASH
Unlike in a traditional car crash lawsuit (where the victim him- or herself receives compensation for his or her injuries), when the victim of a car crash dies his or her surviving family members can pursue a claim for compensation on the decedent’s behalf. The purpose of such a lawsuit is to compensate the decedent’s estate for the expenses it incurs as a result of the fatal crash, such as:
- Costs of final medical treatment;
- Ambulance or medical air transportation costs;
- Pain and suffering experienced prior to death; and/or
- Lost wages incurred between the time of the crash and the time of the decedent’s death.
Surviving family members, too, may also be able to obtain compensation for their own unique losses and injuries, such as:
- Loss of the decedent’s company and companionship;
- Lost future wages that the decedent would have been able to provide had he or she remained alive;
- Loss of enjoyment of life; and/or
- Emotional pain and suffering, in certain cases.
Finally, if the at-fault party’s actions manifest extreme carelessness or indifference to the danger his or her behavior presented to others, punitive damages may be available. These damages are meant to punish the at-fault driver for his or her behavior as well as to dissuade other drivers from making similar decisions in the future.
Talk to your Toledo fatal car wreck lawyer about the damages available in your case.
HOW LONG DO I HAVE TO FILE A LAWSUIT AFTER A FATAL CAR WRECK?
In Ohio, you as a surviving family member of a person killed in a Toledo car crash have two years from the date of the crash and/or the date of your loved one’s death (if different) within which to file a lawsuit seeking damages. Because of this short time period, it is best if you contact an attorney as soon as possible to begin the recovery process.
YOUR TOLEDO FATAL CAR ACCIDENT LAWYERS ARE STANDING BY
Groth & Associates is your experienced and dedicated Ohio car wreck law firm. Contact our office as soon as possible following a car wreck. We will help ensure that those responsible for causing the crash and your injuries are held to account for their mistakes and bad decisions. Call us at 419-491-3370 or contact us through our website for help.