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

Question

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.

Barry Rabovsky · Answer

You may have a case, based upon the information that you have supplied.

Josh Lamborn · Answer

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.

Jeffrey Wittenbrink · Answer

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.

James Kelaher · Answer

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.

Earl Straight · Answer

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.

Joseph Lipsky · Answer

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.

Paul Whitfield · Answer

You can bring a wrongful death action for the mother and child. You need a PI lawyer.

David Stoddard · Answer

Yes. The heirs of your daughter and granddaughter can bring a suit against the fianc. Who ultimately gets the proceeds depends on whether your daughter had a will. Without a will, all of the proceeds for the mothers death, and the childs death, will go to your granddaughter.  Someone will have to open an estate for both victims with the probate court to bring the suit. How much compensation can be obtained may depend on how much insurance coverage exists.

John A. Collins, III · Answer

You can open an estate for your daughter and bring a claim against the fiance. If he had insurance coverage you may then be able to recover money for the estate. Your grand daughter will likely be a beneficiary of that estate.

Mark Leonardo · Answer

She would have a major wrongful death case against the fiancee. You should speak to a personal injury attorney as soon as possible. I am sorry to hear about the loss of your daughter.

William Allen · Answer

I'm so sorry to hear about your loss. You should file a wrongful death lawsuit against the driver and his insurance company and also explore whether there was uninsured motorist coverage that might be available for your granddaughter.

Matthew Kaplan · Answer

Yes, You can recover on behalf of the deceased's estate. Your grand daughter is a beneficiary of the estate and would be entitled to some of any recovery of a wrongful death lawsuit.

Travis Prestwich · Answer

Absolutely. These are considered wrongful death cases. However, there are very strict time limits that need to be dealt with. You should seek out an attorney right away to discuss the specific circumstances of your case right away.

Gregory Casale · Answer

You should definitely speak with an attorney. You probably have a claim. I would need more details for a true answer but it sounds good. My numbers are listed below if you would like to discuss this in more detail.

Lyle Masnikoff · Answer

Yes. She would have a wrongful death claim.

Gary Moore · Answer

You can file a claim on behalf of your daughter's estate against the other driver who caused your daughter's death.

Jared Altman · Answer

Yes. Absolutely!! Her next of kin can bring a wrongful death claim. The limitation period is two years. If the car was insured you can automatically get a death benefit, usually $2,000.00, but you can also sue for "pecuniary loss" to the deceased person's heirs. The heirs could be other children, parents, siblings, etc. It is definitely worth following up on. I hope the fella had insurance. That's the key. Good luck!

Robert Lucky · Answer

I am so sorry to hear about your loss. There are certain avenues that you can pursue when dealing with the wrongful death of a person and unborn child. Time is often of the essence so you definitely do not want to lose any type of case you may have because you waited too long.

Timothy Klisz · Answer

Yes, a wrongful death case can be brought by her family.

Vincent Bernabei · Answer

The estate of your deceased daughter has a wrongful death claim against the person responsible for her death. Your grand daughter is an heir of your daughter's estate.  You should contact an attorney right away. Failure to act quickly could jeopardize the claim.

Ronald Lowry · Answer

If the fiance was driving and his negligence caused your daughter's death yes there is a potential cause of action (lawsuit) on behalf of the deceased's child. It comes in 2 parts: (1) A lawsuit brought by the guardian of the minor child on behalf of the child for "the full value of the life" of the deceased; and (2) A claim for medical expenses, burial expenses as well as pain and suffering of the deceased brought by the executor or administrator of the estate of the deceased. The creation of the estate and the guardianship must be done properly for this to occur. Also, wrongful death cases are typically among the most contentious types of litigation. This is VERY complicated stuff and most lawyers cannot do it right. Do not get just any lawyer for this. You must get an attorney who is an expert in wrongful death cases.

Francis Paul Hajek · Answer

Under Virginia law, a wrongful death case can be filed by a qualified executor or administrator.  If a settlement or recovery is obtained, the daughter of the decedent would have to be considered and should receive all or a portion of the award. The parents of the decedent also have an interest.  This is a complex area of the law and an accident attorney should be consulted.

Steven A. Schwartz · Answer

What a terrible tragedy. I am very sorry for your loss. As long as the statute of limitations has not run (which in Massachusetts is 3 years from the date of accident), your daughter's estate would have a potential claim against the driver. I would assume that your 2 year-old granddaughter would be a beneficiary of your daughter's estate (that gets into whether there was a will, etc.).

Thomas Patton · Answer

I am very sorry for your loss. To answer your question, you absolutely have a cause of action. You have what is called a wrongful death suit against the fiance.

Andrew Velonis · Answer

Absolutely.  This is called a "wrongful death action" and your grand-daughter is entitled to compensation for her loss of support.  It is likely that your daughter's estate could sue as well, depending on certain circumstances.  A legal guardian would have to be appointed for your grand-daughter, which may have already been done.

Mark Sternlicht · Answer

Based on the facts you have stated, your daughter's estate may have a claim for damages as a result of her death. The administrator of her estate is the person who has the right to assert the claim. If you qualify as the administrator of the estate at the Estates Division of the Clerk of Superior Court, then you will be in a position to consult with an attorney about representing you in making the claim.  If your daughter was unmarried and survived by one child, that child is the person who is entitled to the proceeds of any recovery.

Eric Chandler · Answer

It depends on the facts, and it depends on the available insurance coverage.  Contact an injury lawyer in your city to discuss your options.

Emily Terriquez · Answer

You may be able to recover money on behalf of your granddaughter. In order to pursue this claim, you would have to be appointed as the personal representative of your daughter's estate. This requires filing some paperwork with the court. Then, you may be able to pursue a claim against her fianc. Unless her fianc had assets, you would likely only be able to recover insurance money on the car that she was in, which would be limited to the insurance amounts available.

Christopher Thayer · Answer

I am very sorry to hear about this very unfortunate situation. Assuming this occurred in WA, your daughter's estate would have a claim against the negligent driver, which could benefit your granddaughter. There are other possible claims depending on additional facts. I would highly recommend that you contact an experienced personal injury attorney in your area. Most offer free initial consultations. It is important that you act quickly on this matter.

Elizabeth Moore · Answer

Yes you can get money for her child.  Did her fiance have insurance or did your daughter have under or uninsured coverage on her own policy or a policy of insurance with any family member with whom she lived?

Richard Lowell · Answer

First, let me express my condolences for your loss. Second, your 2 year old granddaughter is entitled to make a claim against the driver for the loss of her mother. This is something that will, likely, require the assistance of an attorney. Generally, a probate must be filed in court; and then the executor or administrator of the estate - through the attorney - will bring the action on behalf of the estate and the daughter.

Kevin Habberfield · Answer

Sorry to hear of this tragedy. To give you a short answer, yes. Go see an attorney right away.  Good luck.

Christopher Earley · Answer

I am sorry to hear about that. It really depends on many factors.

Eric Rothstein · Answer

Perhaps. I'd have to see if NY allows a claim for someone in utero at the time of the accident.

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

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