Can I file the wrongful death suit for being killed by a legally intoxicated driver?

Question

My 25-year old son was killed in a motorcycle accident on 11/11/2012. The boy who turned into my son blew .04 with .08. My son was not married.

John Turck · Answer

Yes.  You should immediately contact an attorney.

Maurice Abarr · Answer

Yes.

Thomas Edward Gates · Answer

His estate can sue on his behalf.

Willie Stephen Graves · Answer

In Texas parents are recognized wrongful death claimants.

Mindy Bish · Answer

Yes you can.  In order to file a wrongful death claim you must be deemed an heir under probate law.  Parents are the heirs of their unmarried children.

Ryan Tomalas · Answer

There are many factors to evaluate to determine whether or not you have a claim to make as a result of this tragedy.  Not only is it necessary to gather more information about the other driver's intoxication, but many more specifics about the facts of the collision, information about the other driver (for example might he have been working at the time) and a better understanding of the insurance coverage carried by both the other driver and your son that might provide for a source of financial recovery.

Mark West · Answer

Yes you can.  Did your son have any children?  They of course would have a cause of action.  California Code of Civil Procedure 377.60 sets forth who are proper claimants to a wrongful death lawsuit.  I would be glad to speak with you about the claim and review the process with you as part of my practice is dedicated to wrongful death claims.

Steven Urban · Answer

Yes, you can.  The Texas Wrongful Death Statute provides that "the  surviving spouse, children, and parents of the deceased may bring the  action or one or more of those individuals may bring the action for the  benefit of all."

Richard Damon · Answer

Yes, but first you must petition the probate department of the court to be appointed personal representative of your son's estate.

Linda Chalat · Answer

My sincere sympathy on the loss of your son.  In answer to your question, you do have a wrongful death claim against the driver and perhaps the owner of the vehicle.  You would be best served to speak with an attorney about your options.  If you wish to have a free consultation today please call our office and ask to speak with Steve McWhirter, an attorney with our firm with extensive experience in wrongful death cases.

David Stoddard · Answer

Yes.  You would have to go to probate court and be appointed personal representative of his estate.  You should find a personal injury attorney first, and the attorney will help you get appointed personal representative. If he had a will, the will usually names a personal representative. If he had no will, and no surviving adult children (which at age 25 I assume he didn't ) the parents have priority to be appointed personal representative.

David E. Frank · Answer

Yes, you can. I am so sorry for your loss.   You will definitely need a lawyer to assist you. If you are in CA, we can help you, and there is no fee unless and until we recover from the responsible party and/or his insurance carrier.

Ronald A. Steinberg · Answer

The Estate of your son can file a wrongful death suit.  The proceeds of the settlement or judgment will have to be run through the Probate Court and distributed according to the law, unless your son had a will.

Jules D'Alessandro · Answer

In order to file a wrongful death suit an estate has to be opened for your son and you can be the administrator of the estate.  Whether the person was legally intoxicated raises only a presumption of negligence or recklessness. A person who register a BAC of .04 while not legally intoxicated may still be liable for an accident.  This would be a complicated case and requires an experienced personal injury attorney.

Brett Rosenthal · Answer

As a parent you are an heir under the wrongful death statute.

Benjamin Deaver · Answer

Yes you can.  We have to look at all potential family members and have you appointed as administrator of his estate.  If an estate has not yet been opened, we can assist with that as well. Once you are appointed administrator of the estate, you can proceed with a cause of action on behalf of the estate.

John Brennan · Answer

It is possible for the next of kin, through the deceased estate, to ring an action against the wrongful party for wrongful death.

Jeffrey Lapin · Answer

Yes you could file a wrongful death lawsuit against the driver who caused your son's death. A case involving a death may actually have 2 separate claims, which can be brought together in a single lawsuit. First, there is a claim on behalf of the estate. This claim would include your son's medical expenses and conscious pain and suffering, if any. Second, there is a claim for your son's wrongful death, which is a claim that is outside of the estate and is for the benefit of "the widow or widower and next of kin." Next of kin may include children, parents and other relatives. The damages for the wrongful death claim is the "pecuniary loss" suffered by the widow and next of kin.  You should consider speaking with an attorney to discuss the case to get more information about the claims and the requirements necessary before a lawsuit can be filed. Most attorneys that handle wrongful death cases offer a free initial consultation so it will not cost you anything to learn more about your rights and options.

Matthew Kaplan · Answer

Let me say I am sorry for your loss. In order to file a lawsuit, you will need to open an estate and be named the Personal Representative.

Paul Whitfield · Answer

You would have priority as personal representative to open an estate for the purpose of filing a wrongful death action, yes. Can be done in the clerk of superior courts office in the courthouse of the county where he lived.,. I dont know what you mean by he blew a .04 with a .08 if the driver who had been drinking caused the death and your son was not negligent in any way in causing t collision the insurance company will likely pay the claim rather than go to trial with a drinking driver. They don't like to do that since the jury might hurt them badly. You must be absolutely sure your sons driving had no part in the matter. Review the accident report. Talk to the police who investigated. That is why I tell you to make sure there was no possible fault on the part of your son. Insurance companies will explore every possibility to claim your son was partly or mostly at fault. You will not get the benefit of the doubt and you will not expect the insurance company to feel any sense of remorse. For them it is all about money. (don't pay any attention to their advertising. It is all a lie designed to sell insurance) you really need a lawyer who has some experience in handling death claims. you will be at a real disadvantage trying to deal with this yourself. The adjusters are trained to take advantage of you and they will do so, often with nice words that sound helpful.

Thomas Zimmerman · Answer

Yes, you have a claim for loss of consortium for the loss of your son.  We have successfully litigated several cases like this, and we can help you obtain recovery for your loss.

Bret Schnitzer · Answer

Yes you can file suit for your son. There are both first party PIP survivor benefits available and a lawsuit against the intoxicated driver. Our offices do this kind of work and we would be happy to assist you.

Jon Ward · Answer

Your son's estate may have a claim for wrongful death.  Cases of that nature can be very difficult and complicated, so my strong suggestion is to begin seeking a lawyer as soon as possible.  I am very sorry to hear about the loss of your son.

Jonathan Jilek · Answer

Yes.  A wrongful death suit can be filed on behalf of the estate of your son.  You should contact our office immediately.  There are notice requirements and investigations that need to be completed immediately.

Eric Rothstein · Answer

There is likely a case, especially for pain and suffering.

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Can I file the wrongful death suit for being killed by a legally intoxicated driver?

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