A tragic hit and run accident that happened in Overland Park, Kansas will be of interest to our Springfield MO personal injury clients. A woman driving under the influence of drugs hit and killed a pedestrian; a 70 year old grandmother. Springfield personal injury lawyers have recently heard that the driver, Jill Conaghan, pleaded no contest to the charge of involuntary manslaughter, and was sentenced to three years and six months in prison.
Sandra Carocari, 70, was gardening in her own front yard at the time of this unexpected accident. A van driven by (at that time) 19 year old Jill Conaghan swerved, veering off the road and hitting Carocari, who died at the scene. Conaghan at first drove away, but later returned with her father to the scene and confessed her part in the accident.
Conaghan also received a six month concurrent sentence for leaving the scene of an accident, which is considered a felony crime in Missouri if anyone has been injured or killed.
Do Criminal Court Proceedings Lead to Financial Settlements?
The question many of our clients ask is, "are there also grounds for a civil suit as well?" In the case reported above, Ms. Conaghan was sentenced during a criminal proceeding. Many people are under the misapprehension that when a person is convicted of a crime, the victims or their families will be compensated financially--but this requires a completely separate proceeding.
In a case where a person was killed due to the negligence of another party, there may be grounds for a wrongful death suit. Many factors must be examined to decide whether or not the case has merit. Many accidents are just that--accidents, with no negligence involved. However, even if there was clear negligence, such as in this case, there may be other factors which would make filing a wrongful death suit inadvisable. The negligent party might have no insurance, or no assets. Liability might be shared, meaning the deceased might share a large percentage of the fault for the accident.
There have even been criminal cases where the defendant was not convicted, but wrongful death suits were filed--and won--anyway.
Because every situation is so different, Springfield wrongful death lawyers recommend consulting with an attorney who can properly assess the merits of your case. Wrongful death cases are subject to a statute of limitations. Therefore, if you believe a family member's death occurred due to negligence or deliberate intent to harm, it is important to contact a wrongful death attorney as soon as possible. We can assist you in determining your rights and learning everything you need to know about settlements and court awards.
Main Causes of Springfield MO Wrongful Death Claims:
• Motor Vehicle Accidents, including cars, motorcycles, trucks and boats
• Defective Drugs and other Defective Products
• Medical Malpractice
• Toxic Exposure (such as asbestos) and Poisoning
• Drowning (the second leading cause of death among children)
To repeat, if a loved one has been killed and criminal charges are filed against the negligent party, it is not the prosecutor's job to make sure that the surviving family members receive just compensation for their loss. Contact the Springfield personal injury lawyers at Aaron Sachs and Associates today for a free initial consultation about your car accident, personal injury or wrongful death claim.
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