Earlier this week, I posted that Beverly Gross was apparently struck by a vehicle driven by Martha Aceto while she was walking on a sidewalk. Initially, Mrs. Gross was transported to the hospital in critical condition.
Sadly, she did not survive the injuries. She is survived by 5 daughters and 14 grandchildren. Obviously, this is a complete tragedy that will have a profound effect on Mrs. Gross’ survivors for the rest of their lives. Fox 5 reports that the deceased’s daughters want justice and feel that a traffic ticket is not enough.
Jack Bernstein and I extend out thoughts and prayers to the family and friends of Beverly Gross during this difficult time.
In response to their reported comments about justice and fairness. In very general terms, our legal system is divided between criminal matters and civil matters. Criminal involves the prosecution by the government for crimes. Normally, the government seeks jail/prison time in criminal matters. Civil matters include actions like divorce, contract disputes, and personal injury cases. In civil matters, the individual bringing the action normally seeks money damages as compensate for injuries. If a drunk driver injures someone, the drunk driver may be prosecuted by the government for crimes and may also be sued by the injured victim. Accordingly, if a person is injured by a drunk driver or a reckless driver, the government may seek jail time in a criminal action but the injured person can file a civil lawsuit to recover monetary damages.
Accordingly, Beverly Gross’ survivors may have limited influence on whether the governement chooses to bring a criminal action, however they can proceed with a civil wrongful death action if they believe that their mother died as a result of negligence.
The loss of any life is tragic. The loss of life as a result of the negligence of another individual or entity is even more heartbreaking because it should not have happened. Anyone who believes that his or her loved one died in a car accident as a result of negligence should contact an experienced Las Vegas accident attorney. The attorney should have experience in handling wrongful death actions. An experienced accident attorney will be able to fully investigate the accident to determine the possible causes. In general, it is better to retain an attorney sooner rather than later while the evidence is fresh and witnesses are still accessible.
More About Wrongful Death in Nevada
Pursuant to NRS 41.085, in a wrongful death action, the heirs of a decedent may recover damages for grief or sorrow, loss of probable support, companionship, society, comfort and consortium , and damages for pain, suffering or disfigurement of the decedent. In addition, the Personal Representative of the Estate of the Deceased may also recover special damages for medical expenses, funeral expenses, and possibly punitive damages.
Sincerely,
Scott L. Poisson, Esq.
Fri, Jul 10, 2009
Car Accidents, Wrongful Death