A crash on Highway 93 resulted in the wrongful death of a 9-year-old child after a driver struck the car in which the child was riding. The driver apparently crossed into lanes of oncoming traffic after losing control of his vehicle, hitting the other car and causing a serious collision. The driver was cited with driving too fast for conditions and taken to an area hospital to be treated for injuries sustained in the crash.
The victims in the other car included an adult and three children. All were taken to the hospital with injuries, and the 9-year-old child later died from his injuries. The family of the child may have grounds for a wrongful death lawsuit given the circumstances of the accident.
Wrongful death occurs when someone is negligent and causes the death of another person, either deliberately or by accident. While not every death is grounds for a wrongful death suit, these lawsuits can be filed after a fatal car accident. If it can be shown that the at-fault driver engaged in any type of careless or negligent behavior that led to the crash, it is possible that the family will be able to recover damages for the death of the child.
A wrongful death suit often includes requests for payments of funeral expenses and medical bills. In the case of a child, the common request for lost income would not apply, but the parents can certainly ask for compensation for emotional damage caused by the loss of the child. A personal injury attorney can assist the family in deciding how to structure a wrongful death lawsuit and the amount of damages that should be requested.
Source: WQOW News, “NEW INFORMATION: Driver cited in fatal crash on Hwy 93,” Aarik Woods and Keith Edwards, Nov. 6, 2012