Legal Question in Personal Injury in Texas

Mother killed in Auto Accident
My mother was killed in an auto accident when a 17 yr old hit the rear of her stopped vehicle, pushing into a headon collison with a 18 wheeler, on a dry sunny afternoon. No criminal charges have been filed, left to the Grand Jury. Since there was no will nor property, as her son, what must I do to ensure that damages are collected? What damages must his insurance company and/or family pay? Does going to the family lawyer to settle work well? I am not wanting criminal charges, just a probation for the kid, what do I do?

Asked on 6/23/00, 3:30 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Re: Mother killed in Auto Accident

I'm sorry for the loss of your Mother.

You are speaking of two separate things:

1. All criminal matters must be handled by the DA. No one else is authorized. There is little you can do to control the system, although making your presence felt at the DA's office could ensure that they follow through. It will take more time than you would like.

2. Your Mother's estate passes to her children [assuming Father is also deceased] in equal shares by the laws of intestate succession. Consult a probate lawyer or your family lawyer about establishing an estate. The administrator of the estate will then deal with the insurance company over damages to be collected and perfection of the claim.

Answered on 9/01/00, 9:35 am

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