In the blink of an eye, a driver could be involved in a car crash that has deadly results. Losing a loved one in a car crash can be life-altering for those left behind. But by bringing a wrongful death suit, the victim’s loved ones may receive some compensation for their loss.
A tragic car crash in Massachusetts claimed the life of one man and left two others injured. For reasons not yet known, the driver of a Toyota Corolla veered into the opposite lane of traffic, and slammed head-on into a Chevy Tahoe. Rescuers had to use the jaws of life to reach the man in the Toyota Corolla. Unfortunately, he died at the scene of the accident. The driver and passenger of the Chevy Tahoe were hospitalized for their injuries. The accident is still under investigation.
Sometimes, a car crash can result in the death of another. When that happens, the victim’s survivors may choose to pursue a wrongful death claim. A wrongful death claim is brought by a personal representative of the decedent’s estate, with the award being distributed to the victims loved ones. To prevail in such a lawsuit, it must be shown that the victim died due to the negligence of another, and that the victim’s loved ones suffered some sort of monetary loss because of the death. Most damages in a wrongful death suit are pecuniary, and include medical expenses, funeral expenses and loss of support.
If the victim’s loved ones wish to recover for the decedent’s pain and suffering they must file a similar law suit known as a survival action. To determine the amount of damages in a survival action, courts will look at the severity of pain suffered, how long the pain lasted and the extent to which the victim was conscious of the pain and aware that they may die.
A fatal car accident can be devastating for the victim’s loved ones. However, by bringing a wrongful death suit the survivors may obtain the financial resources necessary to recover from their loss.
Source: boston.com, “1 dead, 2 hurt in head-on crash in Wilmington,” March 4, 2013