Although the legal system may not be able to help with everything associated with the unexpected loss of a loved one because of the negligence of another person, it can help compensate victims for certain aspects of the loss.
A man behind the wheel of a recent fatal crash has been charged according to police. The man has been in the hospital in Worcester since the accident. The man has been charged with motor vehicle homicide resulting from negligent operation and a marked lanes violation. The passenger in the man’s car was killed when the vehicle the man was driving slammed into a tree, resulting in the charges against him. Police are awaiting “chemical tests” in the case.
In the instance of a fatal accident, even if the victim was a passenger in the negligent driver’s car, the victim’s family may be able to bring a claim for damages against the negligent driver. In the situation when there is a deceased loved one that was killed as a result of another’s negligence, the personal representative for the lost loved one’s estate can bring a personal injury claim on behalf of the estate for the benefit of surviving family members. The personal injury lawsuit, or wrongful death cause of action, can provide compensation for damages to the family following a fatal car crash.
As is true of other personal injury causes of action, the victim, or in this case victim’s family, will be required to establish that the person against whom the lawsuit is brought was negligent. In wrongful death cases, this will require that the family show that the driver was negligent in causing the death of the loved one. Typically, when a person has been charged with a violation of the law or crime, the law says that person is “negligent per se,” meaning that the violation of the law or crime that has been charged is considered evidence of negligence in the civil cause of action brought against the driver.
The loss of the loved one due to another person’s negligence can be one of the worst experiences family members can face. Because of this, the legal system attempts to help family members suffering with damages after such a significant loss.
Source: Metrowestdailynews.com, “Framingham driver charged in fatal crash,” Brad Petrishen, June 15, 2013