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Wrongful death lawsuit could follow West Virginia accident

Any parent knows of the great lengths parents are willing to go in order to preserve their children's safety. Unfortunately, despite all of the research they conduct to ensure they have the safest car, crib and car seat, some parents can not protect their children from the negligent actions of others. One family in West Virginia is facing that reality as they cope with the recent loss of their young daughter. They do have the option of pursuing a wrongful death lawsuit as a result of the accident.

The accident happened one morning in early October. A 4-year-old girl was walking with her 2-year-old brother and mother, who was pushing an infant in a stroller. As they walked, they were all struck by a van driven by a woman. Some reports indicate that the young girl had to be pulled out from under the van.

While the mom and the infant were apparently uninjured, both the girl and her young brother were transported to an area hospital for treatment. The boy, who suffered only minor injuries, was soon released. Unfortunately, the girl passed away a few days after the accident. It is unclear at this time if the driver of the vehicle will face criminal charges as a result of the fatal accident.

Even if criminal charges are not filed against the driver, the family of the deceased girl has the option of pursuing a wrongful death suit in a West Virginia civil court. If they can provide sufficient proof that the accident was caused by the driver's negligence, the court may award the family  monetary damages to cover expenses such as funeral expenses and hospital bills, among others. Such an award could allow the parents to focus on their grief and caring for their other children instead of worrying about financial stresses created by the accident.

Source: wdtv.com, "UPDATE: Girl Passes Away After Being Hit By Car Wednesday", Andrew Havranek, Oct. 11, 2014

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