On behalf of Albert Buzzetti & Associates, L.L.C. posted in Wrongful Death on Wednesday, December 18, 2013.
Drivers owe a duty to others to exercise care in their actions and follow the rules of the road. When they fail to meet this duty, they increase the risk of injury and even death to others. They also expose themselves to significant liability for any damages they may cause by their actions.
A recent accident involving a car and a scooter in Brooklyn resulted in the death of one man. The driver of the car reportedly ran into the scooter, killing the scooter driver at the scene of the collision. The driver of the car left the scene following the accident without checking on the victim's condition. Authorities are still searching for the driver at this time.
In accidents where a person is killed due to the negligence of another person or entity, their surviving family members may have a legal action to recover any related damages. To be successful in such an action, they must show that there was a death, that it was caused by another's negligence or harmful intent, and that the surviving family members are injured financially because of the death. A personal representative must be assigned to the estate of the victim. If they are able to establish that each of these elements exists and the defendant should be liable, the next determination is the amount of damages. There are many factors considered to reach this amount, including medical and funeral expenses, health and age of the victim, earning capacity and loss of inheritance, among many others.
Families have a lot to deal with emotionally in the event of the loss of a loved one. This is often made worse when the family sustains significant financial damages as well related to the accident that caused their loss. Although no amount of money will make up for the loss, receiving compensation for their damages can ease some of their stress. A New York wrongful death attorney can assist families in receiving such compensation.