When someone passes away, they’re gone for good. No questions can be asked. No further information can be provided. Their story can no longer be told.
In a recent pedestrian accident case our office came across, a woman’s life was tragically cut short. Her sister came to our firm seeking answers, accountability, and a way to ensure that this unexpected death would not be in vain – we delivered.
This wrongful death claim presented significant challenges due to the complete absence of independent witnesses and limited availability of physical evidence. Because the injured party was deceased, the only person who could recount what happened was the at-fault driver herself. Following her statement to police that she hit our client’s sister while driving through a green light, the defendant filed a motion for summary disposition. As opposing counsel looked to have our case dismissed on the grounds that negligence was not at play, we knew we had to keep fighting.
Having no witnesses or surveillance footage to show what really happened, the success of this case rested entirely on our ability to uncover the truth – and that’s exactly what we did. While in deposition, we were able to elicit testimony that the defendant did not actually know what color the light was when she struck our client’s sister. For this reason, the motion for summary disposition was denied and our case was allowed to continue.
With the case now moving forward towards trial, we entered settlement negotiations. It quickly became clear that the defendant was very low income and had no assets to offer as compensation beyond those put forth by her insurance. Mindful of these limitations, we managed to secure a full policy-limit payout for our client. Although nothing can fully remedy the loss of a loved one, a $250,000 recovery will help ensure her legacy is remembered.
Get David. Get Paid.
Attorneys: David Femminineo, Josh Haller
Insurer: State Farm
Settlement Amount: Policy Limit, $250,000
