A recent post from the Macomb Daily discusses a tragic car accident that occurred in Roseville. A student of Lakeview High School died in a traffic accident after having gone to a bonfire. The student was one of eight passengers in an Expedition, traveling near 12 mile road. Aliyah Diorio, a 16-year old girl, who was about to enter the 11th grade, was in the passenger seat when the driver of the car continued to drive through a red light. The vehicle crashed into another, causing the Expedition to roll onto its roof. Ms. Diorio was in the back seat of the car without a seatbelt; when the accident occurred, she was ejected from the car.
According to her grandfather, the young lady said that she did not feel well, and then subsequently passed away; the authorities state that the young girl died of multiple injuries. The other seven passengers included an adult and six teenagers. All of the passengers in the Expedition suffered injuries, including two teens admitted to a hospital under temporary serious condition with non-life threatening injuries. The woman driving the other car was uninjured, but the police arrested her on charges of operating a motor vehicle while intoxicated. It has not yet been decided if the authorities will charge the teenage driver of the Expedition, as the police must submit their findings to the Macomb County Prosecutor’s Office for a determination of charges.
What is Wrongful Death?
When an unfortunate accident such as the aforementioned story occurs, one of the first things that must be considered is the legal ramifications of all the actions. When a person dies and it is partially or wholly due to carelessness and negligence by another party, the law provides the ability to turn toward wrongful death litigation as a means to provide relief. This type of remedy is a civil action, which means that parties cannot turn to this punishment to prosecute criminally the actions that may have caused the death.
The Michigan Legislature addresses the issue of wrongful death in Section 600.2922. It is customary in wrongful death claims for a close relative to file on behalf of the deceased. Section 600.2922, paragraph 3, subsections A – C address the issue of who in particular can bring forward a lawsuit for wrongful death. Paragraph 6 of the statute determines what type of expenses may be considered in wrongful death lawsuits in regards to a final award for damages. The types of awards usually concern matters such as medical, hospital, funeral, and burial expenses for which the estate would be liable. Additionally, the pain and suffering that the deceased may have experienced after being injured and before dying is another factor in wrongful death awards. Wrongful death lawsuit awards also tend to consider the loss of financial support and the loss of companionship that a person may confront.
Our Attorneys Are Here to Help You
If you have questions concerning a traffic accident in the state of Michigan, contact the Clark Law Office. Our legal professionals can help you understand your rights, and fight aggressively to ensure you receive the compensation that you deserve.
