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auto accident involving death

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#1 swimbikerun121


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Posted 01 October 2012 - 12:11 PM

My son was killed in a car accident in 2011. He died of diffuse anoxic brain injury, in part caused by the initial impact and partially (I think mostly) due to not receiving the required amount of oxygen to the brain during the long (45 min.) transport to the hospital.
I want to know why he wasn't airlifted by a Mercy Flight when the EMT/paramedic would be able to see on a pulse-ox that his blood oxygen saturation was low (60%). It took 15 min. to get him out of the car then to the hospital, it was an hour to an hour and a half. Too long for the brain to be with such low oxygen.
If a helicopter wasn't available, or they couldn't fly for some reason I could understand that.
But, if the EMS personel was not doing their job or ignorant to the seriousness of the accident--then I want more...
I did sue the drivers insurance...I am not typically the type of person to even consider a lawsuit, except, when I believe someone was negligent. Eg, the driver should have been going slower on bad (icy roads).
I did not want her personally punished but I wanted her to know that our family doesn't believe she is totally without fault.
When I ask the attorney about the ambulance issue he said they were looking into it and once the insurance settlement was final I have not heard back from him (approx. 6 mos).
I am not sure if this is too distastful of a lawsuit to persue...suing a volunteer ambulance co.?
What advice do you have?
Thanks for your time.

#2 pg1067


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Posted 01 October 2012 - 12:58 PM

Aside from the fact that giving actual legal advice on a message board is a bad idea, we don't have enough facts and don't know the state where this happened.

When I ask the attorney about the ambulance issue he said they were looking into it and once the insurance settlement was final I have not heard back from him (approx. 6 mos).

This sentence sort of trails off, and it's not clear exactly what your lawyer told you. Once the insurance settlement is final, . . . . what?

Needless to say, (1) any settlement cannot be finalized without your involvement, and (2) six months is way too long to be out of communication with your attorney. I suggest you get in touch with him/her to get some updates. At least a couple states still have one year statutes of limitations on personal injury claims (most have 2 or 3 SOLs), so I suggest you not delay.

#3 FindLaw_Amir


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Posted 02 October 2012 - 09:23 AM

I am sorry to hear about your son, but your best option would be is to consult with a local Wrongful Death Lawyer to advise you of your options. A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent's immediate family members. You may also want to visit the Accidents and Injuries Center and read Wrongful Death FAQ as a good resource.
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