San Diego Drunk Driving Crash Claims Life of Pregnant Woman
Jan 19, 2010 Auto & Car Crashes, Wrongful Death - Murder
A tragic accident took place in San Diego during the wee morning hours on New Years day, claiming the life of 21 year old Elaina Luquis-Ortiz. According to Sign on San Diego, the accident was caused by a suspected drunk driver who struck Ortiz’ Mazda Sedan, which was parked on the shoulder of I-805 as she and some friends were attempting to help a motorist in distress.
Luquis-Ortiz was six months pregnant with a baby boy, who also died in the crash. Luquis-Ortiz had gotten a call from a friend around 1:30 in the morning, who wanted her to come help a distressed motorist who had a flat tire. As the three sat in Luquis-Ortiz’ car behind the disabled vehicle, they were struck by a Chevrolet Tahoe. Luquis-Ortiz was killed instantly, and the other two had to be hospitalized because of severe injuries.
While the incidence of drunk driving crashed may be decreasing, they still cause some of the most devastating accidents in California and around the nation. The results are often fatal; those under the influence are more likely to speed and drive recklessly, meaning high impact crashes.
In many instances, survivors of the victims are often eligible for compensation for funeral and burial expenses, along with medical expenses they may have incurred before death. Additional compensation may be awarded for pain and suffering, and loss of consortium and companionship if the victim was a spouse.
Damages for loss of consortium are offered in only a few states, which includes California. These California wrongful death actions are often trickier than determining compensation in personal injury claims. Wrongful death claims usually involve intangible benefits such as anguish, loss of consortium and other things that are difficult if not impossible to place a value on. After all, how can you place a monetary value on the life of someone you love, and all of the loss you suffer such as help with the children, repairs around the home, etc?
In the courtroom, things can get ugly which may only make things more painful for a surviving spouse. Defense attorneys may argue what is fair compensation for loss of consortium, and try to lower damages; these situations can become ugly and require the assistance of a talented San Diego accident attorney. Wrongful death lawsuits may also include punitive damages, which are not meant to compensate survivors but as punishment designed to make an example out of the one responsible for the death.
The Reeves Law Group has offices across California and is dedicated to representing personal injury victims, including victims of drunk driving accidents. Please contact us for a free consultation at (800) 644-8000.
Leave a Reply