What Should You Do if Your Loved One Was Involved in a Fatal Accident on I-95 Today in Delaware?
Tragically, more than 150 people die every year due to motor vehicle accidents in Delaware. Given the fact that Interstate 95 is consistently ranked as one of the deadliest roads in the country, it is no surprise that we see countless people pass away as a result of accidents that occur on this busy interstate within our state’s borders. If you have experienced the loss of a loved one today, we understand the shock and pain you must be feeling. We want you to know you are not alone.
After the loss of a loved one due to a serious crash, it is important that your family understands your rights and the options that may be available to you during this very difficult time. With a keen understanding of your rights and responsibilities, you will be better positioned to get justice.
Losing a Loved One in an I-95 Crash Due to Negligence
To file legal action after the loss of a loved one, you must be able to demonstrate that some form of negligence was the cause of the accident that ultimately claimed the life of your loved one. Determining whether negligence was involved in the accident requires a careful examination of the circumstances surrounding the crash. In nearly every case, this includes a thorough investigation of the crash and various factors.
One way to assess negligence is by looking at any evidence that suggests someone failed to fulfill their duty of care. For example, if your loved one was involved in a car crash caused by another driver running a red light or driving under the influence, this could indicate negligence.
Investigating the scene of the accident and gathering witness testimonies can also provide valuable insights into what happened. Additionally, reviewing police reports and consulting with experts may help establish liability.
It is important to remember that determining negligence is a very complex and time-consuming process. This makes it critically important for you to seek legal guidance from an attorney who is well-versed in handling wrongful death cases. A skilled legal team will have the knowledge and experience needed to evaluate all aspects of your case and determine whether there are grounds for pursuing legal action against the responsible party.
It is important to initiate legal action right away, as entitled parties only have a period of two years from the day of their loved one’s passing to file a claim. If you wait too long, you could lose the right to pursue compensation.
How to File a Wrongful Death Claim in Delaware
Filing a wrongful death claim after the loss of a loved one due to a fatal I-95 accident in Delaware is quite complex. During the early stages, it is important to have the strongest evidence possible in support of your claim. You may need to go to the scene of the accident and take pictures or record videos. Seek any available surveillance footage from homes or businesses nearby. Reach out to people who witnessed the accident take place to determine if they have any dashcam footage available. Additional evidence that you will need to collect includes police reports, medical records, and relevant documents or information.
Seeking the assistance of an attorney early on can help to ensure that a thorough investigation is performed. Attorneys who have significant resources will be able to work with experts who can re-create the crash to uncover various details surrounding what occurred. Once your attorney has gathered all the evidence and reviewed it meticulously, they will file a complaint on your behalf.
Your attorney will initiate a settlement negotiation with the insurance company of the responsible party. During this time, your attorney will present evidence on your behalf that indicates how the defendant is at fault for the loss of your loved one and all of the damages that you have suffered. If negotiations do not go in your favor, your attorney will represent you in court. This involves filing a legal claim with the civil courthouse and presenting evidence in the courtroom in front of a judge and jury.
It is important to take into consideration that the majority of wrongful death claims following accidents on Interstate 95 in Delaware are settled out of court. This ensures that you are able to get the compensation that your family needs and deserves during this very difficult time. However, each wrongful death case is completely unique and can vary in complexity. This makes it critically important for you to seek legal guidance early on to provide your family with the best chance of getting justice.
Who Can File a Wrongful Death Case in Delaware?
After a fatal car crash on Interstate 95 today in Delaware, there are various parties who are able to pursue legal action against the responsible driver. The law surrounding wrongful death claims in Delaware is guided by Delaware Code title 10, §§ 3721 to 3725, which states that parties who may be entitled to file claims include:
- The surviving spouse of the decedent
- The surviving parents of the deceased victim
- Any surviving children of the decedent
- The surviving siblings of the decedent
In cases where neither a spouse, parent, child, nor sibling remains as a survivor of the deceased individual, any individual linked to the decedent through blood or marital ties is eligible to initiate a wrongful death claim.
Proving Negligence in a Fatal I-95 Car Crash in Delaware
If your loved one died as a result of a car crash on Interstate 95, a thorough investigation is needed to determine what occurred.
The Delaware State Police will generally respond to the scene of the crash to investigate. The investigation process will involve determining what vehicles were involved and the actions that led to the collision. This can be an incredibly complex process as various factors often contribute to accidents. The police will determine whether alcohol played a role, if a driver was speeding, or if another action or inaction led to the crash taking place. After the investigation, law enforcement will assemble a crash report that indicates what took place on the roadway and who is responsible.
After the loss of a loved one, you should obtain a copy of the police report, as it is a critical piece of evidence when it comes to pursuing legal action. The police report will contain information regarding who was involved in the collision, the vehicle types they were driving, and various other factors.
Even though the police report will provide information regarding who is responsible for the accident, the report is not always 100% accurate. This makes it critically important for you to have an investigation performed on your behalf to uncover critical information pertaining to the crash and how it occurred.
Working with a wrongful death lawyer will help to ensure that various factors are taken into consideration. Your attorney will work with experts who can re-create the crash to uncover the speed of the vehicles, weather conditions, and how they may have contributed to the crash and various other factors.
The findings of the investigation after a fatal accident can play a critical role when it comes to your ability to pursue legal action against the responsible party. This is particularly true when it comes to how the state of Delaware awards compensation following fatal accidents, especially if more than one person shares responsibility for the crash taking place.
Comparative Negligence Laws in Delaware
In Delaware, the right to pursue legal action after losing a loved one in a fatal car crash is guided by the state’s comparative negligence laws. Delaware follows the 50% rule when it comes to comparative negligence in fatal accidents.
In general, a person must be less than 50% at fault for the accident that claimed their life in order for their family to be able to pursue legal action and recover compensation for their losses and damages.
The amount of compensation that is awarded for a wrongful death claim in Delaware will be reduced in proportion to the amount of negligence that the deceased victim contributed to the accident taking place.
Let Our Team Help Your Family Get Justice
We know that losing a loved one in a fatal accident on I-95 in Delaware is an incredibly devastating and overwhelming experience for you and your family. The grief and shock that follow this type of tragic event can leave you feeling lost and unsure of what steps to take next. When faced with such a heartbreaking situation, it is essential to reach out to our team at i95accidentalerts.com right away.
We truly understand how difficult it is to navigate the legal system after such a tragedy and are here to provide essential support during this trying time. We strive to help your family connect with a skilled legal team who will provide you with guidance during this very difficult time while fighting diligently for your case. No matter what stage of the process you are at, our team can provide assistance so that you feel supported as you seek justice for the loss of your beloved family member.