A woman found guilty of criminal vehicular homicide settled a wrongful death suit for an undisclosed sum according to the lawyer representing the decedent's family, Jim Schwebel, and reported by several media sites including the Star Tribune.
A.S. was found guilty of causing a car crash that resulted in the death of A.P.
Of the suit filed last fall Schwebel said, "No financial settlement will ever replace what the family has lost, they will forever be without his kindness, generosity and companionship."
An attorney representing A.S.'s auto liability policy, working with Schwebel, came to an agreement on a settlement that was acceptable to the decedent's family.
The settlement was agreed to just prior to A.S.'s criminal trial, however, according to Schwebel, it was not made public "because we did not want in any way to contaminate the jury in the criminal case. We didn't know what they might read into that."
The amount of the award was also not made public, Schwebel said, because A.P.'s family are "private people." Schwebel did state that the settlement was over $50,000 – the amount required by the courts for filing a wrongful death lawsuit.
Lawyers from the area have speculated that the settlement in this type of case would be between six and seven figures, depending on the amount of insurance coverage.
One of the caveats of a greater award, according to wrongful death attorneys discussing the case, would be if A.P., 38, had a high value to the life of his family.
Schwebel placed A.P.'s value as an "enormous" one to his family. A.P. lived with, and supported, his wife and children; as well as supporting other family members. Schwebel said, "This family was so reliant on (A.P.). He was the oldest son. He looked after his sisters and brother. He cared for his immigrant parents. He supported them financially and brought them meals a couple of times a week from the restaurant where he worked. When he was killed, a permanent hole was torn in the fabric of his family."
In recounting the accident, Schwebel said that A.S. "demonstrated a deliberate disregard for the rights and safety of others… We hired an accident reconstruction expert. We developed overwhelming evidence of her criminal negligence…She was oblivious to her driving. I'm sure we proved that to the satisfaction of the (A.S.) insurance carrier…"
Schwebel added, "We look back at what juries have done in similar circumstances. Typically there's a range where (jury awards) fall. Both the insurance company and we are aware of that range. This settlement fell within a reasonable range of what a jury would do with these facts."
In regards to the family's response to the monetary settlement Schwebel concluded, "They're not going to change their lives. These are humble people. There will be more economic security, but I would never suggest they're made whole."
If you have lost a loved one in a wrongful death scenario, contact a personal injury lawyer to file your lawsuit. A monetary award can help you regain some of the "value" that your loved one provided.