Hire a Car Accident Lawyer in Boston, MA Whether You’re the Plaintiff or the Defendant
If a person is killed in a car accident, the surviving family has the right to sue for damages on their behalf. Under U.S. personal injury law, families can use three different legal theories to file wrongful death and personal injury claims; the theory used in a lawsuit depends on who caused the death and on the facts of the case. Families and defendants should not try to go to court alone, instead they should call a car accident lawyer in Boston, MA for solid legal representation and courtroom help.
When Can a Family File a Negligence Claim After a Deadly Accident?
If a person fails to use the same amount of care that a reasonable person would in similar circumstances, they are said to be negligent. A decedent’s family can sue under this theory when a driver causes death to a passenger, pedestrian or other motorists. To prove liability for negligence, a plaintiff must show:
1. That there was a duty of care owed by the defendant to the victim
2. That the duty was breached when the accident occurred
3. That the defendant’s conduct caused the crash
4. That the accident caused the person’s death
Accidents Caused by Vehicles
In some deadly car accidents, a vehicle defect rather than the other driver was the proximate cause; these are called product liability suits. Car makers can be sued by surviving family members if the vehicle had a design, manufacturing, or warning system defect. If any of these three required areas are found deficient, an auto accident lawyer can help the plaintiff document and win their claim against the auto manufacturer.
Should Families Call a Lawyer After a Deadly Car Accident?
The American legal system is complex, especially where matters of personal injury and wrongful death are concerned. If a person dies in a car accident and their family wants compensation, or if someone causes a fatal crash and is being sued, it’s important to call a personal injury or car accident attorney. A plaintiff will PAY NO FEES unless you win. A car accident lawyer in Boston, MA can guide families and defendants through the process to settle cases or win them at trial.
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