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Auto Accidents/Traffic Collisions
A traffic collision, also known as a traffic accident, motor vehicle collision, motor vehicle accident, car accident, automobile accident, road traffic collision, road traffic accident, wreck (USA), car crash, or car smash (Australian) occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction, such as a tree or utility pole. Traffic collisions may result in injury, death, vehicle damage, and property damage.
A number of factors contribute to the risk of collision, including vehicle design, speed of operation, road design, road environment, driver skill and/or impairment, and driver behavior. Worldwide, motor vehicle collisions lead to death and disability as well as financial costs to both society and the individuals involved.
A suit for wrongful death may only be brought by the personal representative of the decedent's estate. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent's will. - See more at: http://injury.findlaw.com/torts-and-personal-injuries/wrongful-death-overview.html#sthash.R3mRL5Rw.dpuf
Elements of a Wrongful Death Lawsuit
In order to bring a successful wrongful death cause of action, the following elements must be present:
- The death of a human being;
- Caused by another's negligence, or with intent to cause harm;
- The survival of family members who are suffering monetary injury as a result of the death, and;
- The appointment of a personal representative for the decedent's estate.
A wrongful death claim may arise out of a number of circumstances, such as in the following situations:
- Medical malpractice that results in decedent's death
- Automobile or airplane accident;
- Occupational exposure to hazardous conditions or substances;Criminal behavior;
- Death during a supervised activity.
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