PennLive.com reported on May 29, 2012 that a baby boy died of head trauma in a vehicle crash near the College Street on-ramp of Interstate 81 North in South Middleton Township, in Pennsylvania, state police at Carlisle, PA stated.
The family of someone who dies in a car crash may have a claim for a wrongful death case. Wrongful death is a claim against a person who can be held liable for a death of another person. Wrongful death cases may stem from car accidents, neglect of others safety, or many other occurrences.
Wrongful death from accidents may leave people not only in emotional turmoil, but also ruin their financial health. A wrongful death claim is brought in a civil court, usually by immediate family members (spouses, children and parents). A family should speak with an experienced Pennsylvania attorney after an accident to make sure the lawsuit is filed within the statute of limitations. Every state has its own statute of limitation, meaning the maximum allowable time to file a lawsuit. After this time, a claim may be denied.
While waiting for a wrongful death claim to resolve, a family may have pressing expenses that cannot be paid because of the lost income of a loved one or the inability of a deceased to care or protect the survivors. This may lead to bankruptcy. Compensation in a wrongful death case varies depending on state laws, but usually, a family member may recover expenses incurred by the death of the victim (funeral, medical, etc.), loss of future earnings anticipated over the victim’s lifetime, benefits lost as a result of the victim’s death (insurance, pension), pain and suffering caused by the death, lost companionship, and care or protection.
If the deceased was self-employed or unemployed, show lost earnings by what the person made the prior year, and average it weekly or monthly. Use an income tax return as evidence by showing the gross income. The deductions are not relevant. If the earnings were low the previous year, include 2-3 years to show the usual earnings. There is not set formula in calculating lost earnings. The method used just needs to be reasonable.
Wrongful death damages also depend on the relationship of the plaintiff to the deceased. When involved in a wrongful death claim, get documentation for injuries. Insurance companies pay attention when a report comes from a doctor. An insurance adjuster may question the extent of injuries if you do not see a doctor promptly.
An insurance adjuster may ask a family to release the deceased’s medical records to support the personal injury claims. The family should get a copy of the records first to make sure they contain all dates, are complete, and that there are no exams unrelated to the accident. Set aside any irrelevant records. Knowing the medical details gives the injuries more status when the family discusses them during a recorded statement or deposition with the responsible parties.