The untimely loss of a loved one due to the negligent act of another is not easy. Families affected by the loss may not completely understand why it happened to them, but holding a negligent person responsible and accountable for their actions might offer families some consolation.
In an unfortunate incident, a 70-year-old man was fatally crushed by an out-of-control SUV while he was eating his lunch outside an office building. The SUV lost control, mounted the sidewalk and pinned the man against the wall. A wrongful death suit was filed by the family, but the attorney defending the suit is claiming that the 70-year-old man did not suffer any serious injury as defined by the Insurance Law of the State of New York. The attorney further states that any amount of damages should be reduced because of the victim's contributory negligence or assumption of risk. In response, the plaintiff's attorney is demanding that this defense not be considered.
It is hard to imagine what the family of the man is going through. In a wrongful death suit, it is important to get as much information as possible early on in the process so as to adequately prepare the claim.The family of the victim may be entitled to funeral and burial cost, projected lifetime earnings, loss of consortium, loss of counsel, punitive damages and more. Even though it may be difficult for the family to consider pursuing a wrongful death suit, it may offer them some sense of justice and prevent such events from happening in the future.
Source: Daily News, "Dead, but no injured," John Marzulli, Dec. 5, 2012