Wrongful Death Lawsuit Filed after Students are Killed in a Car Crash
In June of 2012 in Brunswick, Ohio, four teens died in a single car crash that occurred after the car jumped a railroad crossing. The families of three of the four teenagers who perished in the accident have filed wrongful death lawsuits. A national railroad company, officials from Lorrain and Medina Counties, Columbia and Liverpool Township, and the Ohio Department of Transportation have all been named in the lawsuits.
The lawsuit is being brought by the parents of the students who died. The families are suing because the roadway was a well-known safety hazard, which they claim the authorities knew about before the tragic accident. They are also claiming that the railroad failed to maintain the crossing. The county officials cite speed as the cause of the accident.
Whenever a death occurs that was caused by someone else’s negligence, the surviving family members can bring a lawsuit to recover damages for their loss. Only certain, immediate relatives can bring a wrongful death action in Ohio, which include the spouse, children or parents of the deceased. Ohio has a statute of limitations for filing a wrongful death lawsuit of two years from the date of death.
According to the attorney representing the families of the teens who died in the car crash, they are bringing the lawsuit “to make sure something like this never happens again.” However, if they win the lawsuit, the families are likely to receive a financial settlement to compensate them for their losses. Damages in wrongful death claims cover the loss of financial support, loss of the services of the decedent, medical and funeral expenses. It can also include the loss of companionship and the mental anguish of the family due to the untimely death of the deceased.
The compensation that surviving family members receive in a wrongful death lawsuit can’t come close to making up for the loss of a loved one. However, the financial recovery will help ensure a secure future for loved ones, even as those responsible for the untimely death pay for their negligence.
The information contained in this blog post is general information, and should not be treated as legal advice. No attorney/client relationship exists between the reader and Lafferty, Gallagher & Scott, LLC without a signed Attorney Contract Agreement of Representation. Each case is unique and past results should not be treated as a guarantee of the results in your case.