As a Chicago injury and accident lawyer, often times I represent families after very tragic events. Back in January, while viewing my Facebook page, a post from friend caught my eye. It read “my mom was killed this morning in an automobile accident”. The victim, Midgalia Bloch, was a friend's mother. Midgalia was known as Mickie to her family and friends. Mickie was a devoted mother and grandmother. She was anticipating the birth of triplet grandson's in the late spring. Mickie was traveling home from work, when she was struck head on by the speeding car. The reports indicate that she was killed upon impact.
What followed was several months of investigation by the Hoffman Estate Police Department. Limited details were being released about the investigation. It was determined that the fatal Hoffman Estate crash that killed Mickie Bloch, was caused by two men that were drag racing after work. Did I say two men, not boys. Both drag racers were in their thirties, both held professional positions. Why would two men behave so negligently that night? Their decision to race killed an innocent women, leaving her family devastated. One of the racers was killed in the crash. The other drag racer fled the scene of the accident. The driver that fled the scene was remained a mystery. Just this week, a Wheaton man was charged with drag racing and leaving the scene of the fatal crash. He is 37 yrs. old.
It was reported by witnesses that both cars were traveling at a high rate of speed. Witnesses say the cars were traveling approximately 80 to 90 miles per hour. The posted speed limit in that section of roadway is 55 MPH. It is also reported that both cars were jockeying for position on the road. Blatantly, disregarding the safety of other motorists traveling on the same stretch of road. One witness reports that they passed through several intersections at extremely high rates of speed. Other motorists called 911 with a description of the cars and their location on the roadway. What finally lead police to the suspect was a witness's description of his car and a picture of his license plate. Yes, a picture taken from a cell phone. A motorist was able to secure a picture of the suspect's license plate at the Barrington Road stoplight.
This family will be able to file a personal injury or a wrongful death claim against the surviving motorist and the estate of the deceased motorist. A wrongful death case is just as it sounds. It is a law suit that comes to fruition due to the death of an individual that was caused by the negligent or “wrong” conduct of another individual. The suit is brought by the family members or the victim's estate, not the victim.
In simple terms, it is a lawsuit that is filed when someone's negligent behavior or conduct results in the wrongful death of another individual. Typically, a wrongful death claim is brought to recover damages for the injuries that victims surviving family and/or estate have suffered. It is to recover damages due to the death of a family member. Damages that are awarded in a wrongful death cases are to compensate the family or estate for losses resulting from the death of a family member.
Let's look at some of the damages that can be recovered in a wrongful death case. The first that comes to my mind is reimbursement for what is called direct expenses. These are expenses incurred such as medical bills and the cost of the funeral. Another consideration is the loss of benefits. This is just as it sounds what the victim would have received in pensions/401K or retirement benefits over their life time. Future earnings of the victim can be damages in a wrongful death claim. As are the loss of future earnings. This is the income the person who died would have earned over the years if he or she had lived. Other damages can include loss of companionship and punitive damages. Salvesen the surviving drag racer is expected to appear in court on Nov. 15.
This blog is dedicated to the family of Midgalia Bloch.
Source: Wheaton man charged in deadly Golf Road crash, Daily herald, October 18, 2011