Unfortunately, car accidents occur when we least expect them to. The majority of those accidents happen without injury, but some of them are serious and result in the serious injury or death of a loved one. When such an incident happens due to someone else's negligence, family members of the deceased have the legal right to commence a wrongful death claim for financial reparations.
Recently, a woman from New Mexico was sentenced to jail for involuntary manslaughter by vehicle. The woman pleaded guilty last August to causing the death of a child while driving under the influence of alcohol. Her prison sentence was for 366 days. According to prosecutors, the 24-year-old woman must also serve three more years on probation following the completion of her jail term.
The car accident took place within the Navajo Nation last May. The 24-year-old woman lost control of her vehicle, which flew off the road. She overcorrected, but the vehicle flipped upside down. Two people were injured, and a 3-year-old child was killed in the accident.
Family members of the young child retain the right to pursue a wrongful death claim against the New Mexico woman who was sentenced in this accident. The two passengers who were injured may also have viable claims for personal injuries. Indeed, the fact that the woman was sentenced for involuntary manslaughter, and the fact that she pleaded guilty to driving while intoxicated, will no doubt serve to bolster any claims for monetary damages. The financial damages pursuable in these types of civil litigation may include money for pain and suffering, money to pay for end of life expenses and money to cover lost wages and medical expenses resulting from the accident.
Source: lcsun-news.com, New Mexico woman gets 366-day prison term in fatal crash, No author, Jan. 22, 2014