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Wrongful Death of a Child in a Car Accident

While driving in Santa Clara County, a mother heard her baby daughter’s heart monitor make a warning sound. The mother immediately pulled over to the right shoulder of the road to check on her daughter. She put the vehicle into park, set the emergency brake and activated the hazard lights before getting out to check on her child. Upon learning that her daughter was fine, she climbed back into the driver’s seat. At that time, her vehicle was struck by another vehicle. The car accident resulted in the death of the child and enormous pain and suffering for the mother who had to stand by and watch her child die. The father of the child also had a wrongful death claim in this case.

The defendants in this case are the driver who struck the client’s vehicle and his insurance company, Allstate Insurance. All parties and the police agreed that GJEL’s client was fully pulled over to the side of the road. GJEL was firm with the defendants and was able to obtain the full policy limits of the defendants for our  clients.