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scbuckeye

Guest
My 10 year old daughter was hit by a car and died the next day. She went into the street to retrieve a ball with her sister. Her sister made it across the but my other daughter froze in the middle of the street. The driver didn't put on her brakes and didn't swerve even though she had time to do so. Apparently not paying attention and probably speeding. The pain of our loss is unbearable and I just don't want to be taken advantage of in our grief.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by scbuckeye:
My 10 year old daughter was hit by a car and died the next day. She went into the street to retrieve a ball with her sister. Her sister made it across the but my other daughter froze in the middle of the street. The driver didn't put on her brakes and didn't swerve even though she had time to do so. Apparently not paying attention and probably speeding. The pain of our loss is unbearable and I just don't want to be taken advantage of in our grief. <HR></BLOCKQUOTE>

My response:

I feel incredibly terrible for the loss of your daughter, and how heartbroken you must feel. The loss of a child has got to be one of, if not the, worst things that can happen to a parent. That's not the way things are supposed to happen.

Can you tell us how long ago this happened?

Can you describe what has happened up to this point; e.g., have claims been made? Please try to be as specific as possible, and all of us will, I'm sure, do our level best to help you any way we can.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
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scbuckeye

Guest
April 4, 2000. Have given statements to an insurance adjuster from my insurance company. Drivers insurance company's adjuster came out, no statements, just pictures of scene. Other than that, no further contact.
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by scbuckeye:
April 4, 2000. Have given statements to an insurance adjuster from my insurance company. Drivers insurance company's adjuster came out, no statements, just pictures of scene. Other than that, no further contact.<HR></BLOCKQUOTE>

My response:

Okay, so far, so good. Don't make any statements whatsoever until you've seen an attorney, and then, let him / her make the statements. If required, make any statements only with your attorney present.

Your claim will be for the "wrongful death" of your daughter, based upon the fact that there was sufficient time and distance to avoid the impact; that, but for the excessive speed, and failure to brake, the incident could have been avoided.

One of their defenses will be that your daughter "darted out" and, because of that, the driver is not liable for damages. There are other defenses, but to go into them here would be fruitless. You'll discuss these, and other, aspects with your attorney.

Your claim, however, will have "settlement value" for the actual loss, and "pecuniary" damages.

Your other daughter may, as well, have a cause of action. If she saw the incident occur, while she was also within the "zone of danger," she may have a claim for her emotional distress in the capacity of a "foreseeable" plaintiff "Bystander" ("percipient witness"). Bystander claims are usually secondary to a damages action brought by the physically injured victim (or the victim's family where the primary injury results in death). These cases "all arise in the context of physical injury or emotional distress caused by the negligent conduct of a defendant with whom the plaintiff had no pre-existing relationship, and to whom the defendant had not previously assumed a duty of care beyond that owed to the public in general."

There is a three-prong test: Whether a duty of due care was owed to this type of mental distress plaintiff is tested objectively by a three-part test: i.e., it must be shown that (i) plaintiff was "closely related" to the injured victim; (ii) plaintiff was present at the scene of the injury-producing event when it occurred and was then aware the event caused the victim injury; and (iii) as a result, plaintiff suffered "serious" emotional distress.

Please see an attorney today, to make the claims for yourself, your husband, and your surviving daughter.

You may want to seek "grief counseling" for yourself, and all of your family members; especially for your other daughter. Take care of yourself, and I sincerely hope that all turns out well.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

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