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Some background:
It was 12:30 at night and Josh was skateboarding in Hollywood about 3 blocks from his apartment. He was crossing Sunset on his way home (on his board, I think, but in a crosswalk, I think). There was a tow truck in the center lane that slowed down to let him cross, and a car behind the tow truck in the next lane over to the right. Basically the tow truck blocked the car's view and he didn't slow down, and it blocked Josh's view and he couldn't see the car coming. Bam. Stupid accident. Probably nobody's fault, really, or everybody's fault. Legally I'm sure it's the driver's fault, but morally, to me, it's just a dumb accident. And really he didn't die from the head injury, he died from complications surrounding the pneumonia he developed in the hospital (where, granted, he wouldn't have been except for the head injury due to the accident). Even though the coroner's report lists cause of death as blunt head trauma from the accident.
Peetster, I do think it was Josh's time to go, and it was Josh's choice to go. But the rest of my family doesn't necessarily see it that way. I'm torn between doing what I think is right (not suing) and doing what they think is right - filing a wrongful death suit, which is probably legally valid. They want some money for a memorial fund for Josh, and my Dad wants "justice." Like hitting someone who dies and feeling bad about it for the rest of your life isn't justice. If they go forward with it, though, I don't know what my obligation is, personally, to be involved to make sure it doesn't violate Josh's spirit. That's basically my take on things. I just want to move on and heal.
So maybe the question isn't "to sue or not to sue" but "to talk my family out of suing or not"?
And Peetster, I'm sorry to hear about your son. Seeing my parents go through this, I have seen how hard it is to lose a child. I'm so sorry.
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"If ten million people believe a foolish thing, it is still a foolish thing."
- Anatole France
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