Some of the most tragic cases we deal with involve fatal accidents. It is one of the most challenging areas of law because it involves one of life’s most disturbing experiences, the death of the loved one. Further, it generates some complex legal issues. We work to handle these cases with the same care and consideration that we would hope to be shown under the same sad circumstances.
There are many types of fatal accidents that can stem from tortious conduct. There are, of course, fatal motor vehicle accidents and fatal trucking accidents. There are also articulable claims stemming from negligent security, medical malpractice, negligent construction, negligent design, negligent maintenance, and product liability, to name a few. For example, under certain circumstances, the family of a murder victim on a corporate premises, like an apartment complex, gym, or warehouse facility, may have a claim against the corporation for failing to provide adequate security, which resulted in the crime taking place which otherwise would not have. There are also cases where product liability claims can be asserted where, for example, a vehicle that catches fire due to a faulty gas tank.
Other Causes of Fatal Accidents
At Carr & Weatherby, we have extensive experience handling cases stemming from a fatal accidents. We have litigated death claims in many fields, including product liability, motor vehicle accidents, trucking accidents, medical malpractice, and even claims against the government.
How We Handle Fatal Accidents
Carr & Weatherby is a firm of action. Given the opportunity, our starting point is to proceed to the scene the minute we learn of an incident. We work to obtain statements from all available witnesses to every aspect of the accident. Memories fail; recordings do not. Preserving the physical evidence as well as the eyewitness evidence is also critical.
In some fatal accident cases, there will be a need for expert engineering assistance. Given our extensive involvement in cases of this type, we have in our directory dozens of highly specialized experts and engineers relating to accident reconstruction. We are in the enviable position of being able to bring them to bear immediately on the most complex incidents.
It is also important that all parties involved be requested to preserve all reasonably related evidence under their control so as not to run the risk of a “spoliation” issue down the road. Spoliation is where an involved party permits critical evidence to be lost or destroyed. Whether something constitutes “spoliation” is a fact-intensive examination.
Once all of the requisite materials are obtained, we will work to resolve the matter as quickly as reasonably possible. If a pre-suit resolution is not possible, we are prepared to litigate the case to trial, consistently pushing the case forward in litigation. We will not let your case sit idly by. We regularly review each of our litigation files to ensure the case is being aggressively pursued. We understand that an early and prompt resolution is best for all involved. This is especially true in cases of serious injury and death.