Q: Can survivors of accident victims sue for damages?
New York City wrongful death attorneys and much of the nation were shocked to learn of the tragic death of basketball legend Kobe Bryant, his teenaged daughter, and seven other people who were all killed in January in a helicopter crash.
Bryant’s widow and mother of the teen reportedly filed a wrongful death lawsuit against the helicopter company claiming its pilot, who also perished in the crash, failed to use “ordinary care in piloting the aircraft” and that the company negligently caused the deaths of all on board.
Among the claims of negligence, the lawsuit alleges the pilot:
- didn’t obtain “proper weather data before taking off”
- failed to cancel the flight when he did learn of the bad weather conditions; and
- flew at speeds of 180 mph in fog just before crashing into the mountains.
What is the difference between a personal injury and a wrongful death lawsuit?
When someone is seriously injured due to the negligent, reckless, or intentional actions of someone else, they may be entitled to compensation through a personal injury lawsuit. But when the victim dies as a result of injuries sustained in the accident or incident, their closest surviving relatives may be entitled to compensation through a wrongful death lawsuit. Wrongful death lawsuits are complex with respect to which parties have standing to sue and what type of damages they may be entitled to recover.
What kind of damages are recoverable in a wrongful death lawsuit?
Damages will differ on a case-by-case basis but may include such things as the victim’s final medical and funeral expenses, the victim’s pain and suffering prior to death, and other damages stemming from the loss of that person. In the Bryant case, the “pre-crash terror” of her husband and daughter is reportedly one of the grounds for damages.
If you or a loved one has been injured, or a loved one has been killed, as a result of the negligence of someone else, the Goldstein Law Firm can help maximize the compensation to which you may be entitled. While it will not undo the accident or bring your loved one back, it may decrease the financial burden and allow you to focus on healing. Contact us today to schedule a free consultation.
From our office in the Bronx, New York, we represent injured victims and their families throughout New York City and New York State, as well as those injured while visiting New York.