Legal Question in Personal Injury in California

i have a case going on right now where my aunt was killed in a pedestrian accident would it be wise to talk to the person who struck my aunt ?

i am in california


Asked on 4/27/12, 10:12 pm

8 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Forget about speaking with the person who hit your aunt. It would be much wiser if you spoke with an attorney instead. If you're not represented, please call me on my cell at 818.943.0462.

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Answered on 4/27/12, 10:55 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

You or a representative of your aunt need to see an attorney.

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Answered on 4/28/12, 8:44 am
Robert Worth Robert J. Worth , Professional Law Corporation

Talking to the negligent driver might provide valuable information such as the insurance policy number and coverage limits and perhaps information on whether this person was in the course and scope of employment or being an agent for another person, both of which could provide alternative / additional financial sources for the loss of your aunt (my condolences to you and the rest of her family). I doubt that this person would be willing to provide a known recorded statement of what happened and an admission of fault, but an attorney can get past "road blocks". This person has probably received both insurance claims cautions as well as legal warnings and advice. Having been a national claims trainer and adjuster before practicing law I know what I would say. I would certainly welcome the opportunity to answer any othe questions if you would like to discuss with me. I hope this helps. Bob Worth (818) 222-2433

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Answered on 4/28/12, 11:45 am
Roy Kohler Law Offices of Roy Kohler

Talk to nobody about this matter until you have consulted with an attorney.

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Answered on 4/28/12, 2:52 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I'm sorry to hear about your loss, and I agree with the other attorneys that speaking with the driver is a bad idea.

It's not clear to me, though, why you believe you have a case due to your aunt's death. Her surviving spouse, parents and/or children would probably have a claim against the driver, but nieces and nephews likely wouldn't.

Your aunt's estate may have a claim in addition to or instead of those of her immediate family members. You may be a beneficiary of her estate. But even if you are, whether to sue the driver will be the executor's decision and not the beneficiaries'.

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Answered on 4/28/12, 4:44 pm
Terry A. Nelson Nelson & Lawless

Sounds like you have no attorney. If that is so, then no amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal case. If you don't know how to represent yourself effectively against an experienced defense attorney on the other side intending to 'beat' your case, then hire an attorney that does know what to do, who will try to get a decent outcome through settlement, or take it to trial if appropriate.

If you have an attorney, follow his advice on the case, not that of strangers to the case.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help.

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Answered on 4/30/12, 12:50 pm


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