According to Bay News 9, on the evening of November 8th, an 18-year-old man died when an SUV and took a left turn in front of him. The young man died at the scene.
In a case like this, determining who would be able to bring a wrongful death claim is complicated, especially if the victim of the accident is young and likely did not leave behind a spouse or child. Additionally, the types of damages that can be collected in a wrongful death case involving such a young person can be very high, but determining them can be complex.
In a wrongful death claim involving a young person where there is no wife or child, the parents, siblings and possibly even grandparents would bring suit on behalf of the estate of the victim. The actual parties to the suit under the wrongful death statute are complex and can be determined by an attorney.
In a case like this one, where it is unlikely there is a spouse and child of the victim, the parents and siblings would be parties, as well as anybody that had support or services provided by the victim of the accident. Additionally, the estate would be a party to the suit and there would be a representative of the estate. Examples of what would be recoverable by the estate would be funeral expenses and lost wages of the victim. Blood relatives of the victim would be able to collect for their pain and suffering in the loss of the victim along with compensation for lost services that are provided to those relatives by the victim who died.
Determining what kinds of damages can be collected is a complex matter that sometimes can involve expert witnesses. Determining things like how much a victim would have earned in a lifetime can be especially complex in the case of a young adult where there is no basis, such as education level or career choice, for determining what potential earned income for a lifetime could be. Additionally complex would be determining what kind of pain and suffering the victim had in the last moments of his life and what kind of punitive damages there may be against the other driver.
If you have lost a loved one in a motor vehicle accident or motorcycle accident, it is essential that you contact an attorney right away. There are limitations in the time you have to file and over time witnesses and evidence can be lost. It is also possible that an insurance company will try to bully you into a quick settlement. It is for these reasons that you must call the Brooks Law Group at 1-888-WE-MEAN-IT to schedule a free consultation right away. Wrongful death cases are complex; don’t try to handle it on your own.