Recently, a 32-year-old wife and mother of 2-year-old twins was killed in the Bronx as she crossed the street to purchase milk. The 28-year-old driver — who had children in the vehicle with him at the time of the accident — was charged with aggravated DWI.
Recovering Damages in a Drunk Driving Accident
A fatal drunk driving crash could allow for surviving family members to seek damages in a wrongful death claim. Economic damages may address two issues: making the family whole again (reimbursing unexpected expenses from the accident) and taking into consideration the financial contribution the deceased would have made had it not been for the wrongful death. For instance, if the sole breadwinner is lost, then this family should be able to seek damages to equal the lost income, at least for a little time.
Being made whole again could include the medical and funeral costs that have been incurred. The financial contribution the family would have received could address expected earnings, loss of benefits (health coverage, pension plan) and services (childcare, housework).
Noneconomic damages focus on the psychological/emotional losses a family experiences. Pain and suffering, mental anguish, loss of love, and guidance are just some examples.
Punitive damages are not awarded on a regular basis — usually they are reserved for cases in which someone’s actions were especially egregious. However, it often applies to drivers who get behind the wheel intoxicated and end up taking a life. A situation like that in the Bronx is a heartrending example of how soon a life can change.
When a negligent person takes someone away from you, nobody is going to tell you exactly how to move on from there. If you think that your loved one was taken too early from you and the cause was another person – whether it was intentional or not – pursuing a wrongful death claim (or similar) can supply your family with lost monies and a role in the justice system on his or her behalf.
An accidental death could be defined using the negligence of another person, a defective product and more. Visit Gacovino, Lake & Associates’ webpage to see what cases we handle. Gacovino Lake, & Associates (800) 550-0000.
