Legal Question in Personal Injury in Texas

Re: Insurance settlement to surviving adult children of car accident victim

There are 2 causes of action: (1) the Estate's cause for the losses suffered by your mother-in-law; and (2) the statutory claimant's claims for the loss of their mother.

The insurance company's low offers may be due to there being a small policy. An attorney can help your wife explore all possible sources of recovery and will best know how to maximize her claim. You should select a board certified personal injury lawyer. If I can help, please let me know.

Re: Insurance settlement to surviving adult children of car accident victim

Generally, all children do not have to agree to the settlement for the settlement with that individual to be allowed to go through. It is also normal for pain and suffering to be alloted to the heirs. You can always have an attorney assist you with any potential claims. As for any offers made, my law firm would need to review the specifics of the case to determine whether or not the offer is reasonable. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennfier ([email protected]) to set an initial free consultation.

Re: Insurance settlement to surviving adult children of car accident victim

I am sorry to hear of your family's tragedy. To answer your questions, (1) the children can fight the proposed settlement; (2) it is normal to offer pain and suffering damages because as survivors (assuming the survivors were not also physically hurt in the accident), pain and suffering are the main damages available; (3) yes, your husband can get an attorney, however, it's always better if all the family members can agree to fight it versus having some family members take the first offer; (4) if you feel the offer was low, you should contest it. Generally, insurance companies will try to offer a little money up front, but if you object they will offer more. Certainly if you hire an attorney, they can offer more, as they would rather settle than pay their own attorneys to fight it out in court.

Of course, a lot of this depends on the facts--what is the insurance policy limit on the person who hit her? what insurance company are you dealing with? was the person who hit her cited for drinking, etc.? was your mother in law working/retired? was she financially supporting any family? where did the accident happen? For example, in Harris County or Montgomery County, a jury is very hard on people who drink and drive and cause accidents.

Be careful in dealing with the insurance company as you do not want to release your claims without first looking at what options you have--do not sign anything or accept any settlement check unless you are sure that is what you want to do. Once you accept a settlement, you would most likely be barred from many legal options, including a lawsuit.

Re: Insurance settlement to surviving adult children of car accident victim

I'm sorry to hear about your your mother in law. If the insurance company is trying to settle quickly, you can be sure that they are only acting in their best interest and not your husbands. To answer your questions:

1. No, all children do not have to agree. The children can agree to different amounts. It is easier if they do agree.

2. Yes, you can offer pain and suffering damage.

3. Yes, you can have different attorneys. The surviving spouse should have his own attorney. Most attorneys will evaluate the case for free and won't charge unless they can collect for him.

4. I can't tell you what to do about the offer until I've reviewed the facts of the case.

There are several issues here. Also, did the deceased have a will? Has probate been opened?