QUESTION
Can I sue wrongful death against an individual. Can I sue a funeral home for giving my son's property and partial ashes to a girlfriend without my OK
Asked on Jul 12th, 2015 on Wrongful Death - Indiana
More details to this question:
My son was at his girlfriend's mother's home drinking May 30th 2015. He was allowed to get in his car by all the people at that home and ended up in an accident that took his life. Also my husband and I paid for 100% of the funeral costs. The funeral home gave my son's personal property and ashes to a girlfriend without my permission.
1 ANSWER
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Dear Anonymous,
If your son was drinking at someone's home, and they allowed him to become intoxicated and then drive a vehicle, they may be responsible for his death. The law in Indiana is known as Dram Shop Act, and applies to commercial businesses such as bars and restaurants, as well as individual homeowners. You may very well have a claim against your son's girlfriends' parents which may be covered by an insurance policy. These cases require an experienced wrongful death attorney, as there can be very complex questions about insurance coverage, as well as toxicology. If you have questions, please feel free to contact me for a free case evaluation.
Answered on Jul 24th, 2015 at 9:55 AM