Robert Maraj, the father of New York-based rapper and entertainer Nicki Minaj, was killed after a hit-and-run driver struck him in Mineola, New York. Maraj was walking along the roadway when the driver struck him, stopped, and left the vehicle to examine the victim. He quickly pulled off. Maraj, who was 64 years old, was transported to a nearby hospital and died shortly after he arrived.
A 70-year-old man, Charles Polevich, was arrested and charged with leaving the scene of a crime and tampering with evidence in connection to the incident. According to police, Polevich stopped to ask Maraj whether he was okay following the accident but did not render aid or call for help.
He then left Maraj on the side of the road, where he was found by a passerby who alerted authorities. Police also said that Polevich went home after the accident and parked his car in a garage to conceal it from view. He finally turned himself in after a description of his vehicle was reported on the local news.
Will the Hit-and-Run Driver Pay in Civil Court?
Polevich has already been criminally charged in the accident, but he will no doubt face a civil trial as well. Wrongful death lawsuits are common in incidents like these, and Polevich will likely have a long road of legal battles ahead of him.
Wrongful deaths are often filed against the defendant when he has, either through intentional action or negligence, caused another person’s death. A wrongful death lawsuit is usually filed by the deceased’s estate or family and uses the facts of the case to determine the damages imposed against the defendant.
For the defendant to be found liable in a wrongful death suit, the victim’s family has to prove that their loved one died due to the defendant’s failure to provide a duty of care. If the estate can show that the defendant breached this duty, the court may award actual and punitive damages to the deceased’s estate.
How Can You Win a Wrongful Death Lawsuit?
The court considers a few factors when it comes to deciding on a verdict in a wrongful death case. These factors may include:
· The pain and suffering that the victim endured before he died
· The medical bills associated with the care provided as a result of the accident
· The loss of potential income of the deceased
· The loss of support for the deceased’s family members
· The loss of care and nurturing the deceased would have provided (caring for children, elderly parents, spouse)
· The loss of companionship for the spouse
· The pain and suffering of the entire family.
The civil court will review the facts of the case and take these factors into consideration before returning a verdict. An attorney will present the court with all of the evidence that can support you in such cases.
In the case of Robert Maraj, there is a high likelihood that his estate will file a wrongful death lawsuit against the driver. This lawsuit may happen alongside the criminal case or may start after that case is concluded. The evidence presented in the civil case may be used in the criminal case and vice versa.
Conclusion
When it comes to filing a civil lawsuit in the wake of the death of a loved one, you may feel overwhelmed by the flood of emotions, paperwork, and procedures that this type of legal action entails.
If you live in The Big Apple, a car accident lawyer in New York can help you sort through the facts of this type of case, making sure you get a fair settlement and a favorable outcome in civil court if a loved one dies at the hands of a reckless driver.
