My 5 year old son was killed by his mother in a drinking and driving accident. She was sentenced to prison for vehicular homicide. Recently I found out that there was a person who actually cut her off to cause the accident that killed my son.That person was said to have been a witness for the defense. If in fact this "witness" stated that it was his fault, do I have grounds to sue this "witness" in civil court?
2 Answers from Attorneys
If you can PROVE that a witness really said it was my fault. You do have a cause of action in civil court and your wife possibly has an appeal. Honestly it is a little over my head, but I thought giving you a start is better than no answer.
I'm very sorry to hear about what happened to your son. There may be a claim against the person who caused the accident, but this person is not likely to confess, and at this point it may be very difficult to prove that his driving caused the accident. There are also issues about how long ago this happened and what is the time limit for bringing a claim.
You should definitely speak to an attorney right away about the situation. Our office has handled many wrongful death cases. We offer a free initial consultation and we'd be happy to speak with you about the situation.
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