Car accidents can be devastating on many levels and can affect not only those in the vehicles, but also family members, friends and colleagues. When someone is killed, that effect can be multiplied, especially when a child is killed.
Recently, in a tragic multi-vehicle accident, a mother and her 7-year-old son were both killed. The accident happened on Golden Mile Highway, and involved two cars and a pick-up truck. In addition to the fatalities, another child was injured and taken to a local hospital, as well as a man who was in the car. Authorities are still investigating the cause of the accident, and there is no indication as to whether the other drivers were injured in the accident.
When someone is killed in an accident, a wrongful death attorney may be able to help the surviving family members determine whether they can file a wrongful death action on behalf of the victim’s estate. A wrongful death cause of action arises when the negligence of another causes the victim’s death, and can come out of many types of situations, including a car accident.
When a wrongful death lawsuit is filed by the representative of the victim’s estate, the primary measure of damages is financial. Financial damages may include damages for medical and funeral expenses, as well as the loss of support or services or the loss prospect of inheritance. It is important to note that damages are calculated from the age and condition of the victim at the time of death. This means that courts look at the victim’s health, life expectancy and earning capacity. Courts also take into consideration the circumstances of the surviving family members. While these types of lawsuits cannot alleviate the grief that friends and family feel when a loved one is killed in an accident, it can reduce any financial strain caused by the death.
Source: pittsburgh.cbslocal.com, “2 Killed In Monroeville Crash,” July 18, 2013