In an auto accident that may lead to a wrongful death liability case, an elderly Wisconsin woman was killed in a two-car collision that occurred in the Village of Nora at the intersection of North Stagecoach Trail and North Tiger Whip Road.
Authorities stated that the 69-year-old victim from South Wayne was killed when her vehicle was hit by a vehicle driven by a 26-year-old woman from Monroe. The 26-year-old driver failed to stop at a stop sign and hit the driver’s side of the victim’s car. The victim was airlifted to a local hospital where she was pronounced dead.
There is no word on possible criminal charges being filed, but the actions of the police will have no bearing on the family’s right to file a wrongful death lawsuit. Wrongful death is a liability issue and is handled in civil court rather than criminal court. This can be confusing for some because a criminal act is often the precipitating factor in a wrongful death, such as when a driver chooses to drink and drive and causes the death of another person.
Nevertheless, a personal injury attorney can advise the family about a wrongful death claim. These lawsuits are generally filed to recover compensation for intangible costs such as loss of companionship and loss of potential income. A wrongful death suit is heard in civil court, and a jury must reach a verdict in terms of a monetary award, rather than a jail sentence or fine as is common in criminal actions.
Source: WIFR, “Wisconsin Woman Killed In Car Crash,” Oct. 12, 2012