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Will family file wrongful death claim in death of 5th grader?

Many residents here in New Jersey live in apartment complexes. Parking lots are often filled with children playing, and most people who live in these complexes know to watch for children. Reportedly, someone who was parked in the lot of one complex failed to pay attention and struck a 5th grader. His family might exercise their right to file a wrongful death claim against the woman believed to be responsible for his death.

It was sometime before 7 p.m. when the 11-year-old told his mom that he loved her and said he was going to go skateboarding. It would be the last time his mother would speak to him. He was in the apartment complex parking lot riding his skateboard when a car struck him. Despite the fact that he was rushed to a hospital in the area, medical personnel were not able to save his life.

When police questioned witnesses, they told officers that the vehicle that hit the boy was out of control when it left its parking space. It slammed into parked cars and dumpsters before hitting the boy. The investigation is ongoing, which is most likely why there has not yet been an announcement regarding what charges, if any, will be filed against the driver.

In the meantime, the boy's mother does not have to wait for the official investigation to be over before filing a wrongful death claim. If the evidence proves that the driver was negligent, and that her actions caused or contributed to the death of the woman's son, a New Jersey civil court might consider an award of damages. No amount of money will bring back her son, but any restitution received could help her with the financial burdens that often accompany such tragedies.

Source:, "Mom of Edison 5th grader fatally struck by car: He 'was my whole world'", May 23, 2016

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