In March of 2022, when Judy and Hank were out for a walk on Hop City Road in Ballston Spa, New York, a driver lost control of her car, swerved from the opposite lane and came from behind the couple, striking them both, killing the husband and seriously injuring his wife.
Upon investigation of the incident, police discovered that the young female driver was speeding and had the active ingredient of marijuana in her system at the time of the crash. She was ultimately convicted of a crime and punished by receiving a prison sentence of 1 to 3 years. But a criminal prosecution alone will not bring back Hank or help Judy with her pain and suffering or medical expenses.
Wrongful Death Claim for Hank
Because in New York, a wrongful death claim may be filed against a party who is responsible for causing another person’s death due to negligence, recklessness, or misconduct LaMarche Safranko brought a claim for Hank’s death.
When pedestrian accidents result in death, New York provides two distinct causes of action. Under EPTL § 5-4.1 the personal representative may bring a wrongful death action within two years of death to recover fair and just compensation for the pecuniary injuries to distributees. Recoverable damages include (1) lost earnings and financial support the deceased would have provided; (2) the reasonable value of household services and family chores the deceased performed; (3) reasonable medical expenses related to the injury causing death; (4) reasonable funeral expenses.
Separately, EPTL § 11-3.2 allows survival actions for damages the decedent could have recovered if they had lived, including conscious pain and suffering experienced before death.
Personal Injury Claim for Judy
In New York personal injury cases involving pedestrians struck by vehicles, damages commonly include both economic and noneconomic components. Economic damages consist of past and future medical expenses, as well as lost earnings. Noneconomic damages encompass pain and suffering, which includes both physical pain and emotional distress, as well as loss of enjoyment of life.
In this case, Judy suffered multiple fractures, lacerations, and soft tissue injuries including an ankle fracture that required surgery, a right wrist fracture, a clavicle fracture and significant blunt force trauma to her head.
Lamarche Safranko Law Was Able To Successfully Pursue And Settle A Wrongful Death And Personal Injury Claim
LaMarche Safranko Law was able to successfully pursue and settle a wrongful death and personal injury claim on behalf of Judy and Hank, but there is no amount of money that can compensate a person for the pain and suffering, and loss of a husband that this accident caused.
LaMarche Safranko Law compassionately assists families through the process of losing a loved one while simultaneously advocating to recover money damages to assist with the injuries and losses. If you have been injured or recently lost a family member because of someone else’s negligence, contact us at 844-RECOVER.