Legal Question in Personal Injury in California

Grandson was killed in fatal accident.

My 10 year old grandson was killed in a fatal traffic accident while riding his bike.He was in the care of a court appointed Guardian when this happened. She (Guardian) will not talk to me about this at all . My Daughter(His Mother) and I don't really know what happened and that alone is tearing us apart. I heard there is a pending court case concerning his death and would like to know how I could find out about it.


Asked on 1/03/04, 9:03 pm

5 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Grandson was killed in fatal accident.

Although the car accident comes under personal injury and tort law, your question is one for an estate planning or family law attorney. The guardian may have all rights to any wrongful death claim---but most PI attys will not know for sure. Submit your question again under a different legal category.

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Answered on 1/06/04, 5:11 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Grandson was killed in fatal accident.

If your grandson was killed in an accident, the appropriate case to be filed would be a wrongful death case. This type of case belongs to the parents of a child, not a legal guardian that is not a parent. If the legal guardian was a parent, both parents are entitled to be involved in the action.

Your daughter should contact an attorney who can represent her in protecting her rights vis-a-vis the legal guardian and any legal actions taken for wrongful death of her child. You certainly can give her my number if it would help.

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Answered on 1/05/04, 6:11 pm

Re: Grandson was killed in fatal accident.

I sincerely offer my condolences to you and your family. There is no depth to the pain that you and your family must be going through.

There are obvious questions that you have about how this could possibly have been allowed to happen. The refusal of the guardian to answer questions about what occurred raises suspicions about whether the guardian was properly supervising the boy.

The court-appointed guardian is more likely to speak with an attorney on your behalf as the attorney will not have the emotional issues involved.

Additionally, if there is some responsibility on the guardian, an attorney representing you will be better able to ferret it out.

Also, there is likely to be a police/accident report on the death and/or coroner's report.

I would be happy to discuss the matter with you.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRIORS �

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

email: [email protected]

website: www.legalwarriors.com

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Answered on 1/05/04, 6:44 pm
Terry A. Nelson Nelson & Lawless

Re: Grandson was killed in fatal accident.

The child's mother should immediately contact competent counsel to discuss the potential to either join or oppose the existing suit, and/or file her own. The child's father also has rights in this matter. The mother can contact me to discuss.if interested.

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Answered on 1/05/04, 8:06 pm
Robert Nelson Rizio and Nelson

Re: Grandson was killed in fatal accident.

You can find out about the lawsuit without the assistance of any attorney. You need to find out where the accident occurred and then go to the court house and find the department that can give you information about filings. You will then need to use the name of the child and the guardian to find out if something has been filed.

You can also just hire a private investigator to pull the information for you.

In certain jurisdictions, an attorney who knows how can look the case up for you on his/her computer. Please feel free to contact me should you want to know whether it is in a jurisdiction where I can do it for you.

Your daughter and you might have a lawsuit against the person who killed your grandson or even against the GAL when more facts are known. This might be why they do not want you to know anything about the case.

If you need any further assistance, please feel free to contact my partner Greg Rizio @ 1-888-292-8888

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Answered on 1/05/04, 8:27 pm


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