Legal Question in Personal Injury in Texas
An unmarried father of a 1 year old is killed in a car accident. The other driver is charged with vehicular manslaughter because he was drinking. 'There is a subsequent civil suit brought agains the driver by the father's parents. The 1 year old lives with his mother. If there is a settlement, does the money automatically go toward providing for the son? Can the dead father's parents make provisions for the child or would that be up to the mother of the child?
Thanks in advance.
3 Answers from Attorneys
Based on what you have written, it appears that there is more to the specific facts of the legal issue. You should consult with a law firm and ensure that the rights and interests of the child are being fully protected. Where and wehn did the accident take place? Is the civil suit completed or still on-going? Where there any provision in the suit for the child? These are just some of the question which will need to be answered.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
If a suit is filed under the Texas Wrongful Death Act, the child must be included in the lawsuit because he is a beneficiary under the Statute. As the child's mother, you would bring the claim on your child's behalf for the wrongful death of his father. You need to consult with a personal injury attorney. I would be glad to explain this to you. I can be reached at (512) 472-8318.
Parker Polan
www.polanlaw.com
There must be a lawyer acting for the parents and that lawyer MUST be sure the money goes to the support of thechild..so coontact that lawyer..asap