Legal Question in Personal Injury in California
My husbands uncle was killed in a single vehicle auto accident. He was driving a friends truck. All of the occupants of the vehicle, including the owner of the vehicle, had been drinking, although at the time I am asking this question we are unsure what the police report says. My mother-in-law has that information, but she is sick and we are unable to get that information right now (altough it will be accessible when she is better). The owner of the truck contacted my mother-in-law and told her there was some sort of insurance policy that would cover accidental death. But like I said, my mother-in-law isn''t in the position to pursue this issue right now. My husband uncle didn't a wife or any children. We are unsure who can file against this insurance company. Any suggestions?
5 Answers from Attorneys
Hello, I am sorry about the terrible accident and it's unfortunate that alcohol is behind it. Generally, the closest relatives of the diseased can bring a claim on his behalf and his estate. Considering the complex potential posture of such a case, it's crucial that you have an attorney who is competent and experienced at prosecuting wrongful death actions. Thanks and feel free to follow up.
Arkady Itkin
Sacramento Injury Lawyer
http://www.arkadylaw.com
If your mother in law is the sister to the uncle and he has no children and no wife and his parents are dead then your mother in law would be the next in line along with any other brothers and sisters as far as consanguinity is cocncerned.You would have to start with the report before you could do anything I see your zip code is sacramento Call me and I can talk with you further. 916-448-8831
As relatives of the deceased, you may have a claim to any insurance money. I would have to investigate, and file a claim, and possibly handle the insurance company's resistance - as insurance companies often try to avoid paying - especially if you do not have an attorney. You may contact my office for a free consultation.
Best,
Daniel Bakondi
415-450-0424
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Sorry to hear about your loss. The persons who can file an action would he the heirs according to law. You would file against the driver of the truck rather than his insurance company. If the driver was intoxicated them the heirs or rather the estate could be entitled to punitive damages those are damages over and above the regular damages recoverable. Generally speaking the heirs would be entitled to the loss of love comfort and society of the decedent and any medical bills, lost wages if they were dependant on him and funeral expenses.
The first thing to do is get a copy of the police report and see what it says. The police report generally gives you an idea of who is at fault and the insurance companies usually go by it but the conclusions are not admissible in court.
Besides pursuing the driver there maybe other issues such as a possible defect in the truck that causes or contributed to the incident or the injuries, such as roof crush or other design defects. There are other potential causes so you should consult with a personal injury trial attorney as soon as possible even though you have up to two years in CA to file a lawsuit. If you wait too long evidence will be destroyed and if you are going to pursue a products case against the truck maker you must, must secure that vehicle for without it you will have no case.
I have 25 years experience in dealing with personal injury matters and you may call me for a free consultation (866) 981-1850 or visit us at our website at www.bellilawfirm.com.
Again sorry to hear of your loss and I hope this helps.
You should call me for a free consultation on this case at 800-816-1529 x1. My law firm handles car accident cases all over the State of California. You can read about these types of on my website at www.thepersonalinjury.com . You may also email me directly at [email protected] .
I look forward to discussing this case with you.
Norman