The wrongful death of a wife and mother created not only loss but uncertainty for her surviving family – a husband, a daughter and a disabled son. In addition to losing a wife and mother, the family also lost the care that she had provided to the disabled adult son, who has brain damage and Down Syndrome.
The deceased was killed when a driver struck her as she crossed the street at an unmarked crosswalk. Although the driving conditions were foggy and dark, and the deceased was dressed in dark clothing without reflective gear, Dunnion Law was prepared to address these issues, and show if needed at trial, that the driver was liable for the collision.
Although driver liability was only one factor of many in this complex and highly disputed case, Dunnion Law drew on the expertise of multiple resources to strengthen its arguments. Among these experts were the director of the Scientific Advisory Board of the National Down Syndrome Society, as well as other professionals in accident reconstruction, video animation, neuro-psychology and psychiatry. Throughout the entire process, Dunnion Law went above and beyond, drawing on experts as needed, to create the strongest case possible for the deceased’s family.
While the loss from a death is readily understood, the defendant’s attorneys questioned this loss for her disabled adult son due to his non-communicative and non-verbal state, and limited mental capabilities. Again, Dunnion Law drew on its resources to show the son had the capacity to appreciate the loss of his mother in a way sufficient to recover monetary damages.
In addition to the cost for replacing ongoing care for the disabled son, Dunnion Law demanded substantial wrongful death damages on behalf of the daughter, husband, and son. Just weeks before the trial was scheduled to start, the defendant agreed to a $6,000,000 settlement for the family.