If the survivor caused the accident, then no claim can be made. In many car accident cases, both drivers may be at fault. If the survivor was the driver, then the survivor can recover if the other driver was more at fault. If it is difficult to determine who was more at fault , a claim should be made. Passengers always have a right to make a claim, usually against both drivers and their insurance companies.
Passengers can also make claims against the insurance company for their spouse or other relatives.
Other examples of personal injury cases involve product liability, slip and falls, industrial accidents, farm accidents and medical malpractice. An experienced personal injury attorney should be consulted as there are often cases against parties that are not apparent to the survivor or his or her family. In most states, a personal injury accident can not be brought against the employer of the survivor, as the workers comp benefits are the exclusive remedy. However, just because an individual was injured at work, does not mean that no one else can be sued. For example, if a survivor was injured on a defective machine, the manufacturer of the machine could possibly be liable.