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When is a Fatal Car Accident a Wrongful Death?

It’s not uncommon for a car accident involving a fatality to turn into a wrongful death lawsuit. This type of claim can be unique but can be navigated successfully with the help of a wrongful death attorney near Hamilton, Ohio. 

Unfortunately, fatal car accidents happen every day. In fact, according to the National Highway Traffic Safety Administration, the number of people who die in fatal car accidents is rising each year. 

There are many different factors that can lead to a fatality. Human error, distracted driving, speeding, and driving under the influence can result in a car accident leading to a wrongful death claim. 

In this post, we will go over what is a wrongful death claim and how it works in the context of a fatal car accident. 

What is Wrongful Death?

Wrongful death is a legal claim that is filed relative to a death caused by the negligence, carelessness, recklessness, or other act of another. Wrongful death is a type of civil claim that involves proving that someone is liable for the wrongful death of another. Unlike a criminal action against that person, such a claim or lawsuit leads to damages being paid on behalf of the at-fault person.

In order to successfully file a wrongful death claim following a fatal car accident, a plaintiff must usually prove the following.

  • Duty of Care- All drivers have the duty to follow all traffic laws and operate a vehicle responsibility not to endanger others on the road. 
  • Breach of duty- the defendant breached the duty of care by acting in a negligent manner and failing to abide by whatever applicable law. 
  • Causation- the breached duty was the cause of death and car accident.
  • Damages- the deceased may have incurred medical bills, lost the opportunity to earn a living and provide for family in a number of ways, etc.

Vehicle Accident Attorney Cincinnati & Hamilton, Ohio

Wrongful Death Claims and Car Accidents

If you have lost a family member or loved one in a car accident you may be able to file a wrongful death claim against the at-fault driver. Wrongful death claims can be very difficult. Not only are you dealing with the loss of a family member, but those at fault may deny responsibility. You need an attorney who is experienced with wrongful death cases. 

As a wrongful death attorney in Hamilton, Ohio, Rhys Richards has successfully handled numerous fatal car accident claims. He is prepared to investigate the matter and preserve any pertinent evidence, hire the appropriate experts, and take all necessary steps to protect you and your family while you deal with this tragedy.   

At The Richards Firm, we understand that you and your family are grieving. We make it a priority to be respectful of your grieving process while we work with you on your claim.  

We can be reached at 513-868-2731, ext. 219 or visit us at  

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