New Yorkers understand how devastating it can be when a family member dies unexpectedly. It can be even more upsetting when the person dies due to someone else's negligence. A family of a 75-year-old woman is filing a $2.5 million wrongful death lawsuit against the driver of a van that hit and killed her as she was crossing an intersection. She died from her injuries two days after the fatal accident.
The 75-year-old woman was crossing the intersection when the van failed to yield the right of way on a right turn. The driver hit the woman and she was taken to a nearby medical center following the accident.
Her family has filed a four-page complaint against the driver, stating that he acted carelessly and negligently in the situation. The family has reportedly suffered extreme sorrow and anguish due to their loss. They believe the dollar amount they are asking is fair. In fact, their lawyer thinks they should ask for more.
The family and their lawyer are currently in discussions with the driver's representatives and hope to proceed with the lawsuit next month. The woman leaves behind her husband and five children.
Filing a wrongful death lawsuit can help residents of New York recover from the financial effects of an accident caused by the negligence of another that led to the unfortunate death of a family member. Of course, the amount of compensation will depend on the facts of the case. For example, one of the considerations in determining damages may be the deceased's contribution to the household, including any wages earned that benefit the family. Working with experienced counsel can help a family understand what compensation may be available in a particular case as well as the best path forward.
Source: NBC29.com, "Family of Pedestrian Killed in Albemarle Files Wrongful Death Suit," March 18, 2013