The attorney representing McNair’s family told the Associated Press that his clients agreed to settle with the retailer for an undisclosed amount, LoHud reported.
McNair left behind a 19 year-old daughter and a 26 year-old son.
McNair was the only passenger killed in the accident which occurred on the New Jersey Turnpike last June. McNair, who was known as “Uncle Jimmy Mack” was returning to New York after attending an out-of-town show with “30 Rock” star Tracy Morgan and two other comedians when they were struck by a tractor-trailer owned by Wal-Mart.
McNair’s family settled before filing a formal lawsuit.
The attorney representing the McNair’s family said the settlement amount was fair, telling Lohud that the company “stepped up to the plate and took care of this family,” Lohud reported.
While McNair’s family may be happy with the way Wal-Mart treated them, Morgan is not. Last fall, Morgan, who suffered a debilitating brain injury, was very critical of Wal-Mart after they asserted that he was partly to blame for his injuries because he was not wearing a seatbelt.
Morgan’s personal injury suit against Wal-Mart is still pending. So is the criminal case for the Kevin Roper the tractor-trailer driver who was allegedly fatigued at the time of the accident.
This story brings up a question many truck accident victims have: Should I accept a settlement?
That question doesn’t have an easy answer since whether or not a truck accident victim accepts a settlement depends on a number of circumstances. Before accepting a settlement, truck accident victims must ask: Is the settlement amount fair? Will it cover their current medical or funeral expenses? Will it cover the victim’s future medical expenses? Does it compensate the victims for their pain and suffering?
Many personal injury and wrongful death cases are settled before either party enters a court room. That isn’t to say an accident victim or their surviving family members don’t need the help of an New York truck accident attorney from the very beginning stages of their injury or wrongful death claim.
The fact is that when an accident victim or their surviving family are approached by an insurance company, the first settlement offer they receive may seem like a lot. It may seem like enough to cover their medical expenses, but it may not be the amount they are actually entitled to. When it comes to a truck accidents, there is a significant difference between what you are offered and what you deserve.
Since a New York truck accident attorney represents accident victims, they see the injuries the victims suffer and know what the present and future costs of those injuries will be. This means an attorney knows what a fair settlement is, and what is not. They won’t allow their clients to settle for less than they need and are entitled to.