Can I get money for my granddaughter if her mother was killed? - Accident Law Questions and Answers- LawQA.com

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Can I get money for my granddaughter if her mother was killed?

My 20 yr old daughter and her unborn child were killed in a car wreck due to driver negligence which was her fiance. He pleaded guilty and walked away. I would like to know info on what I can do to get something for the 2 yr old daughter she left behind.

Answer By Josh Lamborn
The Law Office of Josh Lamborn, P.C.
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You should seek the advice of a personal injury attorney who is experienced in handling wrongful death cases. Oregon has a wrongful death statute that lays out the potential beneficiaries of such a lawsuit. Biological children are included as well as parents. You will need to have someone qualified to be the personal representative of the estate bring the lawsuit. The statute also addresses who should presumptively be the PR. I would also advise you to consider hiring a different attorney to manage the probate case in relation to the estate assets. Oftentimes the same attorney is qualified to handle both, but most of the time attorneys will specialize in one or the other.

Answer Applies to: Oregon
Replied: 8/2/2011

Law Office of William Justice Whitaker
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You have a few options for your recovery. You can go after the insurance policies of the person that hit you as well as the insurance policies of the people who live with him. This is called "stacking" and for wrongful death case like this I would think that this is an avenue that you should pursue. In addition, you can go after your "under-insured" motorist coverage from your daughters insurance as well as stacking the under-insured policies of anyone who lives in the same home as her at the time of her death. Be advised that you have two years form the date of the injury to file a lawsuit and that you would need to become the personal representative of the estate before you could file any legal action. I would be happy to discuss this case with you in detail.

Answer Applies to: Virginia
Replied: 8/1/2011

Answer By Lacy Fields
Lacy Fields, Attorney at Law, LLC
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Absolutely! You would be the "next friend" to your granddaughter, and you would sue on her behalf. That said, I am truly so, so sorry for the loss of your daughter and your second grandchild. If there is anything we can do to help, please don't hesitate to call. -

Answer Applies to: Missouri
Replied: 7/30/2011

Answer By David Hoines
David Hoines Law
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the daughter may have a wrongful death claim the statute of limitations is normally 2 years from the date of death and, did the fiance have auto insurance?

Answer Applies to: Florida
Replied: 7/30/2011

The Law Office of Stephen R. Chesley, LLC
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If you would like to discuss this matter further.

Answer Applies to: New York
Replied: 7/28/2011

ROWE LAW FIRM
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Certainly the driver of the car that killed your daughter is liable for her death if he was negligent. You and your granddaughter both may be due damages in this instance. If you are the caretaker of the granddaughter, you may be the proper person to file suit on her behalf. Whether or not you receive money in the end will depend on whether or not the negligent driver had any assets or insurance.

Answer Applies to: Louisiana
Replied: 7/28/2011

Answer By James P Kelaher
Kelaher Law Offices, P.A.
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The answer is yes, but you need to know that there will probably be a contest over who gets appointed to be the personal representative of her estate. In Florida, all claims for wrongful death have to be brought through the personal representative of your daughter's estate. I would contact an attorney right away to try to get that estate set up, so that you can control how the proceeds from any claim are disbursed.

Answer Applies to: Florida
Replied: 7/28/2011

Answer By Patrick M Lamar
Patrick M Lamar Attorney
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There honestly may be very little to be done. The guest passenger statute would prevent a wrongful death case unless the fiance was drunk, impaired or more than negligent. If any of these apply a claim could be filed against the driver. If the driver was intoxicated you might could sue the location where he received alcohol if he was drunk when he was served, this would be available regardless of the car insurance issue I believe. Get a good lawyer now.

Answer Applies to: Alabama
Replied: 7/28/2011

Law Offices of Earl K. Straight
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Yes, you can make a wrongful death claim against the driver who caused the accident, both for yourself for the loss of your daughter, and on behalf of your granddaughter for the loss of her mother. There may also be some available claims for the unborn child. Suit must be filed within two years of the date of the accident, so please contact an attorney as soon as possible.

Answer Applies to: Texas
Replied: 7/28/2011

Answer By Joseph Lipsky
Law Offices of Joseph I. Lipsky, P.A.
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Please accept our condolences on the loss of your daughter. With regards to your granddaughter's possible case, assuming the fiance was the only person at fault for the car accident, then any claims would be limited to that person's insurance, assuming they had liability insurance, or if they have substantial assets, they may be pursued individually. Under either circumstances, if you are the guardian for your granddaughter, then you are able to a pursue any viable claims on her behalf.

Answer Applies to: Florida
Replied: 7/28/2011

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