On behalf of Berkshire Ginsberg, LLC posted on Monday, January 7, 2013.
While having a loved one unexpectedly taken in a fatal car accident can result in emotional and economic damages, the legal system offers help for those suffering. A recent catastrophic bus accident in Oregon claimed the lives of nine and injured 39. The fatal accident occurred while the bus was transporting passengers from Las Vegas to Vancouver, Canada. It crashed through a guard rail and down a steep embankment. The investigation into the cause of the accident is still ongoing. Investigators are currently unable to speak with the driver due to the nature of his injuries. Survivors say it seemed the driver was traveling too fast for the icy road conditions. A wrongful death cause of action may be available to family members following the loss of a loved one. A wrongful death action can be brought when a person is killed due to another’s negligence, wrongful act, neglect or omission. Wrongful death actions are commonly brought by surviving spouses, children and sometimes parents. For loved ones to recover compensation for their loss against a negligent driver, or possibly other defendants, the death of a human being must have taken place as a result of another’s negligence and there must be the existence of family members who are suffering economic injury as a result of the loss. Both economic and emotional damages can be recovered, including medical expenses, funeral expenses and pain and suffering. In additional to previously mentioned economic damages, other economic damages available to family members in a wrongful death claim include loss of support, loss of services and lost prospect of inheritance. As a general rule, compensation for the loss of the loved one must be fair and just compensation for economic injuries resulting from the loved one’s death. Nothing could ever make a family whole again after the loss of a loved one in a fatal car accident. But, the law may help victims recover some damages to help them through the process. Source: Global News, “Bus crash was like a dream ‘of the world ending,’ survivor says,” Larissa Cahute, John Colebourn, Cassidy Olivier, Jan. 2, 2012