Compensating Surviving Family Members for Their Losses

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The process of compensating surviving family members for their losses is initiated when family members of deceased individuals bring a suit against individuals or companies who they feel have been responsible, through negligent acts, for the unnecessary death of their loved one. Wrongful deaths comprise a portion of all accidental deaths which in turn are one of the leading causes of fatalities in the United States every year. A wrongful death action is intended to compensate the surviving family members for their own financial, emotional, companionship and support losses.

The plaintiffs are not entitled to certain types of damages normally recoverable in a personal injury claim, such as medical expenses, lost income and property damage.

These claims belong to the wrongful death victim’s estate and may be recoverable by the personal representative of the victim in what is called a survival action.

The following story involves a wrongful death that resulted from a helicopter crash. It brings to mind many questions: what caused the accident, could it have been prevented, and what are the rights of the surviving family members.

Helicopter Crash in Virginia: Loss of a Father and Son

A Virginia woman sued Friday over a helicopter crash in northeastern Pennsylvania that killed her young son and four others, saying a charter company “negligently and recklessly” allowed a pilot to fly when he was not fully trained.

Crystal McKain of Leesburg, Va., filed the wrongful death lawsuit in Wyoming County over the death of Noah McKain Woodland, 3.

She sued Hampton Roads Charter Service over what she called a lack of training for pilot David Jenny Jr., 30.

Jenny wasn’t certified for instrument-only flights and hadn’t gotten a weather briefing before the scheduled flight from Endicott, N.Y., to Lehighton, according to a preliminary report from the National Transportation Safety Board.

The boy’s father, 29-year-old Carl Robert Woodland, of Lovettsville, Va., also died in the crash.

“This was a tragic helicopter crash because it was so utterly preventable,” said McKain’s lawyer, Gary Robb. “Given his limited training, this pilot never should have left the ground in these weather conditions, knowing that he was incapable of flying the helicopter in any kind of cloud cover.”

McKain is seeking more than $550,000 in damages. The charter company did not immediately return a call for comment.

Robinson Helicopter Co., the company that owns the craft, has said it believes the helicopter was caught in a thunderstorm. The pilot had asked air traffic controllers in Wilkes-Barre to be directed to the nearest airport before experiencing problems and then losing communications, according to the NTSB report.

If you’ve lost a loved one through the negligent actions of others and you need the services of a Personal Injury Lawyer in Los Angeles please contact us at (323) 947-2224 or visit the Personal Injury section on our website at the DAG Law Firm. Call today and we will connect you with Daniel A. Gibalevich, an experienced, aggressive, affordable Personal Injury Attorney in Los Angeles. After you have spoken with our Los Angeles Personal Injury Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of Personal Injury Law, we can help! Call us now at (323) 947-2224. We look forward to hearing from you and assisting you with your wrongful death lawsuit.

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