On behalf of Berkshire Ginsberg, LLC posted on Thursday, May 2, 2013.
The loss of a loved one to the negligence of another may necessitate some form of compensation to the victim’s families to prevent further harm. A fatal car accident sent injured victims to separate Portland hospitals recently. The fatal motor vehicle accident occurred between a car and a pickup truck and claimed the life of one of the people traveling in the car. The driver of the car was life-flighted to the hospital but her condition was not immediately known. The three occupants of the truck, including a child, were also transported to a different Portland-area hospital with injuries but their injuries were not life-threatening. The accident reportedly occurred as the car was turning left as it was struck by the truck traveling in the opposite direction. Of course, the worst injury that can be suffered as a result of the negligence of another person is death. Those who have suffered the loss of a loved one may be able to seek damages from the negligent party by bringing a personal injury lawsuit on behalf of the lost loved one. The ability to bring a wrongful death lawsuit belongs to the victim’s family, or “distributes,” which usually refers to children, surviving spouses and sometimes parents. A representative of the deceased loved one’s estate will actually bring the lawsuit against the negligent driver to recover damages. Successful wrongful death claims may allow the loved ones of the victim to recover compensation for the loss, including medical expenses or funeral expenses and loss of support and consortium. In determining damages, the character and condition of the victim will be considered in an effort to properly compensate the surviving family members. The unexpected loss of a loved one in a fatal accident due to the negligence of another is one of the worst situations family members can find themselves in. As much as the legal system is able to ensure family members do not suffer additionally following such a tremendous loss, it offers help through a wrongful death action. Source: Albany Tribune, “One Dead And Four Injured In Donald Motor Vehicle Crash‏,” Author Unknown, April 22, 2013.