The loss of a child is one of the most horrific experiences a family can suffer. The loss of two young children is a fate worst than most could ever imagine. According to a recent report from People, a North Carolina pastor and his wife suffered the loss of their 2-year-old son and newborn baby when a truck driver allegedly crashed in their car while the family was driving to their home in Charlotte.
The pastor had just officiated his sister’s Memorial Day weekend wedding in Topsail, North Carolina and was driving home with his wife, 37 weeks pregnant at the time, and their two-year-old son when they were involved in the fatal four car crash. Her unborn child was delivered by emergency C-section following the accident, but, unfortunately, the newborn baby boy died two days following his birth while in intensive care at a local hospital.
During a memorial service, over 800 friends, family, and community members were there to share memories of the deceased two-year-old car accident victim and offer support to the family during this awful time in their lives.
Authorities say the accident occurred when the 28-year-old truck driver from Wilmington, North Carolina, crashed his truck into the victim’s car. Prosecutors charged truck driver with two counts of misdemeanor death by vehicle. The pastor who was driving his car at the time his family was involved in the deadly accident suffered only minor injures, but his emotional injuries are hard to comprehend. However, he and his wife have forgiven the truck driver and will continue to rely upon their faith to handle getting through this incident.
Community members and those around the world have donated to a online funding campaign to help the family recover from their great loss and deal with medical bills. The pastor and his wife, however, as asking that their family’s loss should help inspire others and requested any donation to go to a Haiti relief organization for which the couple has worked in the past. The online funding site has already collected over $200,000 for the family. It should be noted, truck driver has not been convicted of any crime in connection with this fatal car accident and is presumed innocent unless and until he is found guilty in a court of law.
As our Charlotte car accident attorneys can explain, car accidents that result in the death of a child, are handled a little differently than other cases involving an adult victim. The deceased child is technically the plaintiff in the case, and any money recovered as part of a settlement or after a jury verdict, should the case go trial, is technically still the property of the deceased child.
Since the child obviously did not, and could not, have a valid last will and testament, one of the child’s surviving heirs, normally a parent, must open a probate estate in the name of the deceased child, and then file a lawsuit in his or her capacity as administrator (executor) for the estate of deceased minor child. The administrator can also file a personal injury claim in his or her own personal capacity, along with the estate’s cause of action, to compensate for certain types of loss suffered by surviving heirs.
Contact the Charlotte injury lawyers at the Lee Law Offices by calling 800-887-1965.
North Carolina Pastor and Wife Forgive Driver Who Killed Their Young Sons in Car Crash, June 4, 2015, People
More Blog Entries:
Fatal Greenville Crash Blamed on Wrong-Way Driver, Possibly Drunk, March 9, 2015, Charlotte Car Accident Lawyer Blog