Can money ever replace the person killed by the negligence of another?

Imagine that your husband went to work, and was inspecting a bridge, when he fell through a separation in the bridge to his death. You then learn that this is not the only death on this bridge from this gap. Would you be outraged? Would you seek compensation? Remember, you have no income and no future with your lost husband, suddenly taken from you by a danger that City officials knew existed and did nothing about.

This is the story of Gregory Wolters, a California resident that fell from the Rancho Santa Margarita bridge to his death in 2006 while inspecting it. As it turned out, during subsequent litigation brought by his widow, it was learned that the City actually knew of the danger from previous incidents, and did nothing to prevent this from occurring.

The case was settled recently, but I assure you that settlement did not compensate for Ms. Wolter's loss. Not only did she lose her husband's income, but his love, companionship, future plans and retirement options. Money simply does not replace this loss, despite the ardent tort reformist arguments. Nor does it sit well with me that people constantly complain that we are 'sue happy" in this country. The truth is that the City of Rancho Santa Margarita refused to acknowledge any responsibility and did not disclose their knowledge of the prior fall and danger until litigation was commenced and discovery undertaken.

Until entities and people start accepting responsibility for their negligence early in the claim process, we will have to continue to file suit and litigate to get to the truth of an accident or wrongful death.

Suzanne Leslie is with Allen, Flatt, Ballidis & leslie and a practicing personal injury lawyer in California for over 25 years.