Bronx Personal Injury & Real Estate Blog

Wednesday, December 14, 2016

Grandma Got Run Over By Her Grandson

Can I be sued if I injure or kill a relative in a car accident?

Imagine the horror for a teenaged boy to discover that he accidentally ran over and killed his own grandmother while he was backing the family’s SUV into their narrow driveway. His grandmother and grandfather lived with him and his family. She reportedly took care of her grandchildren after school. No charges were filed against the teen.

When someone is injured as a result of the negligent, reckless, or intentional actions of another, they can pursue a personal injury lawsuit to recover compensatory damages for such losses as current and anticipated future medical bills, lost wages, pain and suffering, and more, depending on the circumstances of the particular case. However, first the victim must file a “no fault” claim with the insurance carrier of the vehicle that hit them, and exhaust the statutory $50,000 in available no-fault coverage. Then they can sue for the expenses over and above that threshold in cases of “serious injury”.

There are time limits during which a no-fault claim must be made. In addition, there are time limits during which personal injury and wrongful death lawsuits must be commenced. Finally, there are very short time limits for filing a Notice of Claim if you are pursuing a claim or lawsuit against a city, state, or government agency. So do not delay in seeking legal counsel.

But what happens if the victim dies from their injuries?

If the victim dies as a result of the accident, certain close relatives (such as the victim’s parents, children, or spouse) and/or the personal representative of the victim’s estate may be able to recover compensatory damages through a wrongful death lawsuit against the person(s) responsible for the victim’s death. Compensatory damages may include the victim’s funeral expenses, their pain and suffering prior to death, medical bills from the accident, lost income and financial support of the victim’s family, and more, depending on the circumstances.

If a loved one has been killed or injured as a result of the actions of another, the skilled personal injury and wrongful death attorneys of The Goldstein Firm in Bronx, New York can help you navigate the difficulties of adjusting to this unexpected loss, while taking action to get you the compensation needed to ease the resulting financial burdens. Call the office for a free consultation at (718) 239-0239 or contact us online here.

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