New York Personal Injury News & NYC Legal Current Events

Driver In Fatal Accident Sued By Victim's Mother

A year after the fatal accident which claimed the life of her son, Nelina Diaz has filed a lawsuit against David Dezelich, the driver of the car that struck him. In the lawsuit, Ms. Diaz is asking for unspecified monetary damages. Louis Grandelli, the lawyer representing Ms. Diaz who serves as the administrator of her son's estate, states "She was devastated by the loss. Not only did she lose her son, but her mother died only a few weeks after Felipe died, only compounding her devastation."

The victim, a 49 year old construction worker was struck on April 9, 2010 crossing Seguine Avenue. Accident reports from police state the victim "stepped in front of (the) vehicle" and was struck. The incident occurred approximately 15 feet from the nearest intersection. Pronounced dead at the Staten Island University Hospital, Ocean Breeze, Cruz reportedly suffered from skull fractures.

In many cases, determining who is at fault for a car accident resulting in a fatality is fairly easy. A driver who is under the influence, speeding or distracted will more likely be named as the person at fault, than the victim. There are situations where the victim is at fault due to their own actions or negligence. Finally there are accidents which are just that.. accidents, with both parties guilty of nothing more than being in the wrong place at the wrong time.

Family members of the victim mourn their loss regardless of who is at fault. Due to the complex nature of laws surrounding personal injuries cases, family members are encouraged to speak with an experienced attorney regarding the accident. A dollar amount cannot be placed on the loss of a loved one, however surviving family members may be entitled to compensation to ease the financial burden or care for dependent children and/or spouse.

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