Driver gets Minor Fine after Killing CyclistMark Clore ·
According to one news report, the driver of a van that struck and killed a bicyclist is facing a minor traffic violation which could result in a $113 fine and 2 points on his driver's license. It is important to remember that the US Justice System provides for criminal and civil matters. Criminal action are those resulting from a violation of laws.
The traffic violation and likely fine will address the criminal nature of this unfortunate accident. Had the authorities found the driver's action to be intentional or even careless to the extent necessary for more serious criminal charges, he would have been charged differently. A civil action is one brought by one party against another party seeking damages (money).
The Clore Law Group has no personal involvement in this case and does not have enough information to make definitely statement regarding it. That being said, this accidental death has all the making of a wrongful death lawsuit.
Wrongful Death Law Suit
A wrongful death lawsuit can be filed by a spouse, child or another close family member. The person filing the lawsuit is referred to as the plaintiff. The primary criteria for the wrongful death attorney to prove is negligence on the behalf of the defendant that resulted in death. Upon successful proving negligence, a skilled lawyer will negotiate damages. The damage is included in the demand letter to the insurance company and the subsequent lawsuit, but negotiating is needed for both parties to agree on the exact amount. The types of damages that may be available to you in a wrongful death lawsuit include the following:
- Medical and funeral expenses connected to the death
- Loss of the victim's expected earnings between the time of the death and the expected retirement or death
- Loss of benefits like pension plans, medical coverage, and so on
- Loss of inheritance
- Damages for mental anguish or pain and suffering of the survivors
- Loss of care, protection, nurturing, and companionship of the survivors
- Punitive Damages
Punitive damages are often awarded where compensatory damages seem an inadequate remedy. Not all states allow for punitive damages, so punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. The purpose of punitive damages is not to compensate the plaintiff, but to further punish the defendant.
South Carolina Wrongful Death Attorney
The Clore Law Group routine accept civil actions like wrongful death. They are experienced attorneys who utilize current technology and expert witnesses to seek maximum damages for their clients. They have accepted in South Carolina and across the entire nation. If you've lost a loved one and believe you may have cause to file a wrongful death lawsuit, the attorney you choose will greatly impact your results. Contact the Clore Law Group to discuss your case and learn who others have trusted them in a similar situation.
Clore Law Group welcomes your questions about any issues concerning a serious personal injury, car accident, medical malpractice, nursing home neglect, business tort, or workplace injury. If you have a viable claim, we’ll explain the legal process. Since consultations are always free, there’s no cost in learning your legal options.