Dealing with a loved one's death may be one of the most emotional times in a person's life. The loss of a family member is always difficult, but it may be especially difficult when the loss of life was a result of another person's misconduct. Recently, the mother of a deceased man has filed a wrongful death lawsuit after a fatal accident involving the New York Police Department.
The mother of a man who died last year has filed a wrongful death claim against a city in New York. According to police reports, the man ran into a police cruiser, which caused the man to fall backwards and strike his head. Police say that the man was running from the police after allegedly stealing paving stones from a project. However, this report differs from the accounts of witnesses at the scene that day. Witnesses came forward after the incident and stated that they saw the police intentionally strike the man with the vehicle. The man was handcuffed to his hospital bed and in a coma for more than five days before he passed away.
The family members of the deceased may make a wrongful death claim if their loved one was killed as a result of another's negligent or intentional misconduct. A successful claim must show that the death of a person was caused by another person's negligent or intentional acts and the family members, the plaintiffs of the case, are financially suffering as a result of the loss of the deceased. Often times, the plaintiffs must also show that a personal representative has been appointed for the deceased's estate.
If a loved one has died from injuries as a result of a fatal accident, family members may have a legal action against the person whose actions led to the death of the loved one. In these times, a claim may provide solace for family members.
Source: The Huffington Post, "Tamon Robinson Case: A Year Later, Still No Grand Jury Hearing On Brooklyn Man Killed by NYPD Car," April 23, 2013