Legal Question in Personal Injury in Kentucky
not married and have a child together and father has died
my partner got into a car accident an dpassed away and we have a son together,i was wanting to know where i stand in the legal process of thing conserning my son and his rights.the accident was the other persons fault.
2 Answers from Attorneys
Re: not married and have a child together and father has died
Your partner's son has a right to file a wrongful death suit against the other driver. You should seek help from an attorney to protect both your rights and the rights of your son.
Re: not married and have a child together and father has died
If your partner had a will, get it into probate and file to become administrator of the estate. Hire counsel to do this, and then hire counsel (could be the same attorney) to start working on the accident case and preserving evidence and making a claim. The estate has a claim as well as your son, for damages related to the accident and death of your partner. The sooner you hire counsel, the better position the estate and your son will be in to make and prove a claim. You have one year from the date the estate is opened (assuming it's opened in a reasonable time from death) to file a lawsuit. But do not wait. Get the estate opened, hire a good personal injury attorney and get this matter moving forward. If you have any questions, please feel free to call. 859-491-5800. Best of luck to you.
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