A truck accident caused negligently can result in the victim filing a civil lawsuit. This lawsuit may be a personal injury lawsuit, a wrongful death lawsuit, or property damage lawsuit. The type of lawsuit you file is determined predominantly by what exactly transpired in the auto accident itself.

Filing a wrongful death claim

If the truck accident resulted in someone’s death, then as per trucking legislation in most states, the estate, spouse or certain relatives of the deceased victim can file a wrongful death lawsuit in order to recuperate economic and non-economic damages inflicted upon them as a result of the death of their loved one, as explained by truck accident lawyers in Salem, MA.

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However, truck accident laws are vast and separate from the state’s normal traffic laws. In addition, there are federal trucking regulations involved. Therefore, we highly suggest that you receive all the legal help and guidance you need in order to sue for the death of your loved one.

One of the reasons that people die on the roads is because of distracted driving. 53% of people believe that infotainment dashboards and hand’s free technology in cars and trucks makes it safer to drive – they are incorrect. According to NSC which is the National Safety Council, these technologies do not make driving safer for us. And everyone’s worst nightmare on the road is a distracted truck driver.

What are the types of damages that beneficiaries may recover through a wrongful death lawsuit?

Some states allow for the relatives (certain specific relatives) to claim economic and non-economic damages. However, in some other states, non-economic damages cannot be claimed in a wrongful death lawsuit. Non – economic damages are basically damages which you cannot really quantify and put an objective price tag on such as pain and suffering, loss of consortium, mental anguish, etc.

Massachusetts truck accident lawyers explain that economic damages, on the other hand, are damages which cause direct financial loss which is measurable and can be supported with the help of evidence such as bills, salary slips, or other recognizable documentation. Examples of economic damages include:

  • Loss of past and future wages
  • Medical bills
  • Funeral expenses
  • Repair bills
  • Loss of inheritance, and the reasonable value of the decedent’s services and support
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Some states also allow you to seek punitive damages via a wrongful death lawsuit. Punitive damages are not meant to compensate the plaintiff’s for any losses per se, but rather as additional punishment to the defendant, according to Salem, MA truck accident lawyers.

What damages you can claim through your wrongful death lawsuit depends mainly on the laws in effect in your particular state.

Now the folks in Massachusetts do not have rail too much at the commercial truck industry since there was only 2 deaths due to these types of vehicles. These were occupants, specifically large truck occupants. This is for 2015 and put out by the IIHS.

Who can file a wrongful death lawsuit?

Once again, this is determined by which state you are in and the laws in effect in that state. In all states, the spouse of the deceased can certainly bring forward a wrongful death claim, but apart from that, other eligible claimants such as children, parents, immediate relatives, and so on may vary from state to state.

For more on how to file a wrongful death lawsuit or other issues pertaining to any sort of trucking accident make sure to contact a truck accident lawyer in Massachusetts today.