Compensation for Death in a Traffic Accident
Do you need to claim compensation for death in a traffic accident?
When someone dies, you must act quickly and try to find a law firm specializing in traffic accidents. We have handled many cases of accidents resulting in death and disability and we can help you.
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There are many specific actions to take into account when a person dies in an accident, for example, when accidents occur at work. It is very important to report the accident to the Labor Inspectorate urgently, so that they can investigate the causes of the incident, as this could be of great help.
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In accidents where the pilot, co-pilot, or a third person dies, it will always be taken into account whether they are children, grandchildren, spouses, or siblings. That is, if the wife dies in an accident, the beneficiary will be the husband, but also the deceased's parents, siblings, and children.
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Usually, if companies see that the evidence indicates that the fault is clear, they have to pay; they usually accept the payment of the compensation urgently.
Compensation for the death of a husband or wife (spouse) in a traffic accident
In traffic accidents where a death occurs, it is important, as we explain in the claim for COMPENSATION FOR DEATH IN A TRAFFIC ACCIDENT, to carry out all actions quickly, both at the legal, administrative and police levels.
Sometimes fatal accidents are caused by someone committing a crime, and that accident will inevitably be prosecuted in criminal court. In such cases, the family members, the husband or wife, as one would expect, will need to seek a lawyer specializing in traffic accident cases, but also an expert in criminal law. For this reason, this firm has several lawyers with more than 15 years of experience in criminal law.
The surviving spouse will have to try to act effectively in a short time, report the incident to the police station, where a police report will almost certainly have already been filed, inform the company, gather all possible evidence, hire the best lawyer specializing in traffic accidents that they can find, and appear in court where the case is tried.
Compensation for the death of a spouse will be calculated using the existing tables for basic personal damages, which range from €50,000 to €90,000, depending on the length of cohabitation and the victim's age. Similarly, the surviving spouse must claim for specific damages and financial losses. Furthermore, the compensation may be increased depending on the length of cohabitation.
In criminal proceedings, it is important to appear as a private prosecutor, since in that case, only if the surviving spouse agrees can an agreement be reached between the prosecutor and the defense attorney of the person who caused the death of the husband or wife. When appearing as a private prosecutor, if the husband or wife does not agree with the sentence imposed on the person responsible for the death, they could force a retrial in which the sentence could be much greater.
Compensation for the death of a child in a traffic accident
A traffic accident in which a son or daughter has died is not like any other traffic accident; the father, mother, or parents will try to ensure that the person responsible for the death of their son or daughter is punished, in addition to claiming the compensation legally established by the traffic accident scale for the death of their child.
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First, the criminal procedure will be initiated by filing a complaint with the competent police in Barcelona or anywhere else in the country. But above all, with the appearance as a private prosecutor, to prevent the prosecutor and the defense lawyer, of the person presumably guilty of the death of our loved one, from reaching an agreement and escaping without punishment.
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The compensation for the traffic accident and the criminal matter will be claimed in the same procedure in the criminal court. We will have to study the case very thoroughly and, through the team of professionals that make up this firm, try to determine if there is sufficient evidence of a crime to charge the person responsible for the death of our client's son.
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In the event that the police decide that no crime has been committed, there will always be the possibility of appealing, providing some type of evidence of the existence of a crime of manslaughter or, for example, a crime of failure to render aid. However, in any case, we can only appeal if we have appeared as a private prosecutor; therefore, we must carry out all these procedures urgently when these tragedies occur.
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This firm specializes in traffic accidents and criminal law, with over 20 years of experience, so we are fully qualified to give you the best advice on traffic accidents and criminal law.
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Similarly, if there were no evidence of a crime having been committed, we could pursue civil action to claim compensation for the death of our client's descendant.
Frequently Asked Questions about Compensation for Death in a Traffic Accident
The victims of a traffic accident have the right to receive compensation: spouse, widower, elderly, descendants, siblings and close relatives.
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