How much is a life worth? Death can come faster than anyone would anticipate. When death comes, the deceased may leave behind family who will no longer have their loved one’s companionship or support. When the loved one is killed by the wrongful act or negligence of another, no amount of money will bring them back. However, it would still help the family if funeral expenses, medical costs, potential therapy costs, and loss income are covered.
In September 2022, Peter Davis was allegedly killed by a truck driven by Dawson Barber of Ti-Zack Concrete. Davis had worked for the St. Paul Regional Water Services Department for over forty years. Barber had backed into Davis, crushing him. The incident occurred at a construction site in downtown St. Paul. Davis’ estate claimed that Barber tested “presumptive positive” for cocaine and THC after the crash, and that the defense had destroyed evidence and failed to adequately train Barber.
Davis’ family settled with the defendants for $8.5million. Nearly $3.3 million will be paid to attorney fees. The remaining balance of $5.2 million will be distributed to Davis’ family. Davis’ family also claims that Ti-Zack Concrete will hire a safety director and implement new-hire safety training for its drivers.
How Do I Win a Wrongful Death Case?
To prevail on a wrongful death claim, the claimants must prove several elements:
- Death: An individual died because of another person’s conduct.
- Negligence: The death was caused either wholly or in part by the defendant’s neglect or intent to harm. There may be more than one cause for the victim’s death.
- Survivors: The deceased person has immediate family members, such as parents, spouses, children, or other dependents, who have suffered due to the death.
- Representation: The deceased person’s estate is represented by an appointee. The appointee is often the deceased’s spouse, parents, or other close family members.
What Damages are Recoverable in a Lawsuit for Wrongful Death?
Claimants can typically recover the following damages for a wrongful death claim:
- Medical expenses and costs for funeral arrangements;
- Loss of companionship and care;
- Loss of income, earnings, and/or benefits;
- Pain and suffering caused to the survivors; and
- Punitive damages where the defendants’ conduct was intentional or malicious.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.