Drunk drivers cause accidents every
year, thousands resulting in the death for innocent victims. If you or someone you
love has been involved in a drunk driver accident, you know how devastating it
can be. While healing from your injuries or loss, you may be waiting for a
lawsuit to settle, but this can take years.
If faced with the burden of bills piling up, you may be able to secure
pre-settlement lawsuit funding.
After 3 ½ years,
an undisclosed settlement has been reach between a New York doctor and the
family of a skateboarder he struck and killed while driving under the
influence.
On July 8, 2011, the 18-year-old was
riding home from her job at a pizza establishment when she was struck by a BMW
driven by the doctor. The force of impact sent the teen flying over the hood of
the BMW, before landing on a lawn 150 feet away. She died at the scene. The doctor, who was returning home from a
golf outing, fled the scene. He later said that he did not realize he hit
someone.
The doctor was acquitted of
manslaughter, leaving the scene of an accident and evidence tampering, but he
was convicted of misdemeanor drunken driving and sentenced to the maximum
one-year jail term. He was released after serving eight months.
The wrongful death lawsuit filed by
the teen’s parents sought damages for
the terror and psychic injury they allege their daughter suffered before she
was hit, her pain and suffering before she died, and their economic loss as a
result of her death. They also sought punitive damages to punish the
doctor for his actions that night and discourage others from similar conduct. The
suit not only claimed the doctor was driving under the influence, but that he
was also texting and traveling partly over the fog line, into the bike lane at
more than 50 mph in a 35 mph speed zone before he hit the teen. The defense alleged that the teen was
partially to blame for her death as she was texting before the accident
and was seen by another motorist crossing the road on her longboard minutes
before she was struck and killed.
The plaintiff’s attorney said the
undisclosed settlement was worth avoiding years of litigation and appeals. Additionally, given the wrongful death statute
in NY, there are limitations on what a jury can award. Although the family felt
there would never be closure in the loss of their child, they did not want to
spend another three-to-five years in litigation.
In the right situation, for the right plaintiff, pre-settlement lawsuit funding is clearly a service that plaintiffs and personal injury attorneys should consider at a strategic time in the litigation. Call or visit Lawsuit Financial to learn how litigation funding can help you.
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