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Compensation You Should Receive For Death Or Dismemberment In A Car Accident

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Car accidents can be fairly mild; a tap on the bumper while you are waiting in the drive-thru at a restaurant is common. They can also be the most horrifying of incidents, as with a gruesome death, a beheading, or a dismemberment. In the event that someone you love dies or is dismembered, you are entitled to additional compensation. Based on these particular incidents, here is what your auto accident attorney will help you sue for.

Death

Surprisingly, this occurs far less often than accident injuries overall. Since most of the deaths involving vehicles are single-driver crashes, it leaves you with no one to sue. However, if the death of your loved one did involve another driver, it must first be determined if the accident was the surviving driver's fault. It is not always the surviving driver that causes the accident. 

After your lawyer has shown that the surviving driver is responsible for your loved one's death in the accident, you can sue for compensation. 

This includes:

  • Money to fix or replace the loved one's car
  • Money to pay the medical and ambulance bills involved with an attempt to save your loved one's life
  • Funeral expenses
  • Psychotherapy for you and other close family members
  • Pain and suffering, if the death has emotionally paralyzed you and keeps you from doing normal daily routines

Your lawyer may also have a few other suggestions about compensation, depending on the laws in your state.

Dismemberment

It is not uncommon to lose a limb in a high-impact vehicle accident. People driving motorcycles are more likely to experience the loss of a limb, as they have nothing metal surrounding their bodies on impact. However, that does not mean you will not or will never lose a limb in a car accident.

Typically what happens is that a vehicle is hit hard enough to either crush a limb beyond repair or sever it completely. If it is severed completely, there is not much medical science can do about reattaching it. When a limb is badly crushed, and there are dozens of bone fragments inside, a doctor may amputate to save the patient.

In a dismemberment case, your loved one can sue for:

  • Loss of the use of the limb
  • Future rehabilitation
  • Medical equipment costs to restore mobility if the limb is a leg
  • Prosthetics, if they are not covered by insurance
  • Psychological therapy and medications
  • Wheelchair, if applicable
  • Pain and suffering
  • Additional compensation for unique situations (e.g., your family member was a concert pianist or surgeon and can no longer perform or complete duties for which he or she was trained)
  • Repair or replacement of the vehicle
  • Long-term compensation if completely disabled (at least two limbs were dismembered, hampering one's ability to work most typical jobs)

Of course, in these cases, it has to be your family member's decision to pursue a lawsuit. You can only pursue a lawsuit on behalf of your family member if he/she is in a coma or lacks the ability to speak and think for him/herself.

Meet With an Attorney First

In spite of the emotional hardship you are currently facing, you need to meet with a lawyer at your earliest convenience. Auto accidents resulting in death or dismemberment have a statute of limitations, just like any other lawsuit. Waiting until you recover from the death of your loved one, and have buried him/her, or waiting until your loved one has recovered enough to appear before a lawyer, may be too late. If you need a lawyer to do so, many accident lawyers can meet a survivor beside the hospital bed. If your loved one passed away, make sure you have an appointment scheduled after the funeral.

Contact a law firm like Bangel, Bangel, & Bangel for additional information.


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