Not long ago, this New York personal injury legal blog shared the story of Lisa Barnes, a well-known American actress, who was struck by a motorized scooter while crossing street in New York. Barnes suffered critical injuries due to the collision and unfortunately passed away in a local hospital. Law enforcement officials are still looking for the driver of the motorized scooter that struck and killed her.
In the wake of a fatal motor vehicle accident, a victim’s family members can be left with questions, fears, and anger. One of the best sources of information that they can find regarding their rights and options under the law is trusted personal injury lawyer. This post does not provide any legal advice, but rather information about considerations individuals may wish to undertake if they lose loved ones in motor vehicle accidents.
What is a wrongful death?
Barnes’ death may be considered a wrongful death. Under New York law, a wrongful death happens when the death is caused by wrongful or negligent actions. Motor vehicle accidents are common causes of wrongful deaths because many drivers make the unfortunate decision to drive while distracted, intoxicated, or otherwise incapable of dedicating their attention to their roadway responsibilities.
Who can sue after a wrongful death?
Wrongful death actions can often be brought by closely related family members. For example, a victim’s spouse can initiate a wrongful death action, as can the victim’s kids, parents, or personal representative. Proving a wrongful death claim requires a party to demonstrate that all elements of a wrongful death claim are met for them to prevail and recover the damages they suffered when their loved one was killed.
There is nothing under the law that can bring back a loved one who has been killed in a wrongful death accident. Choosing to pursue a wrongful death claim is up to the survivors of the victim. To better understand what is involved in the wrongful death legal claims process, interested readers can contact their trusted personal injury lawyers for support, consultation, and representation with their potential claims.