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Wrongful death claim brought after fatal car accident

While it is always heartbreaking when a loved dies, if the death is due to the negligence of another person, it can be an especially tragic situation. While such incidents can occur in any number of ways, a recent accident in West Virginia illustrates the action one's family members may take given the occurrence of a death due to the negligence of another person.

The administrator of a woman's estate recently brought a wrongful death lawsuit against a man and a local city in a neighboring West Virginia county. According to the representative of the woman's estate, the man was not paying attention to his surroundings and was negligent when he struck the woman, killing her, while she was crossing the street with her children. The administrator is seeking damages and court costs.

Family members may possibly file a wrongful death lawsuit following the loss of a loved one. A wrongful death action occurs when a person is killed due to another's negligence. The representative for the estate will enact the suit according to the state's "wrongful death statute."

Damages may be recovered by family members who are suffering financial injury as a result of the loss of the loved one. Compensation may include loss of support or services, loss of prospective inheritance and medical and funeral expenses. Damages, such as pain and suffering damages, for the emotional harm to surviving family members may also be recovered.

Family members of loved ones killed in a car accident by a negligent driver may have a claim for damages. Families may be able to receive compensation for the different types of harm families often face following a fatal accident.

Source: The West Virginia Record, "City of St. Albans named in fatal car wreck suit," Ben Hart, April 21, 2014

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