Child Dies in a Fatal Car Crash the Day After his Mother

 Charlotte, NC Wrongful Death Lawyer

The Charlotte Observer sadly reported that a 3-year-old boy passed away Tuesday, September 9, 2014 due to injuries he sustained after an SUV smashed into the car driven by his mother, Silje Grayston. Caw Kam, the man driving the SUV, was charged with misdemeanor death by vehicle of Grayston and having an open container of alcohol in his car after his SUV swerved across four lanes of traffic and struck Grayston’s vehicle. The Charlotte Observer reported that police are seeking additional charges against Kam for the death of the 3-year–old boy.

Wrongful Death: The Most Painful Case

In a horrific car accident where there is loss of life such as the one above, the victim’s family or loved ones may be able to file a civil cause of action for wrongful death in addition to criminal charges. Under North Carolina law, the plaintiff must prove the usual elements of negligence and additionally, the existence of a legal beneficiary. The classic elements of negligence which must be shown in a court of law in order to recover for a wrongful death action are as follows:

• Duty of Care: The defendant/driver owed the injured part a duty of care;
• Breach of Duty of Care: The defendant breached their duty of care through their negligent acts;
• Causation: The defendant’s action must be the actual cause of the injured party’s injuries; and the defendant’s actions were the legal or proximate cause of the party’s injuries;
• Damages: The plaintiff suffered an injury or damages. In this case, the plaintiff must show that the defendant’s actions resulted in death.

To prove a defendant/driver is negligent in causing the death of another, a successful plaintiff must prove each of the above elements by a preponderance of the evidence. Although all of these may seem confusing or even a foreign language, an experienced attorney at Bice Law, LLC will be able to explain it thoroughly.

If You Are Involved in a Car Accident, Contact a Bice Law Attorney

If you or a loved one has been involved in a car accident caused by a negligent driver, or you have lost a loved one due to the negligent driving of another in North Carolina or South Carolina, contact an experienced attorney at Bice Law, LLC and schedule a free consultation immediately. Furthermore, if you or your loved one has injuries that require expensive hospitalization, continued rehabilitation, permanent physical or mental damage, or even death, our attorneys are ready and willing to help you recover the damages to which you are entitled and explain the legal process in an understandable manner. To discuss the facts of your case with an experienced attorney at Bice Law, LLC, click here or call 877-BICE-877.