Legal Question in Personal Injury in West Virginia
Auto accident causing the death of my daughter
My daughter was in an auto accident and died after 28 horrible days of agony for her and our family. Her boyfriend was the driver, driving his car but it was in his fathers name as well as the insurance. He has been arrested and charged with driving under the influence,prpoerty damage and causing an accident resulting in death. Can we sue the parents for wrongful death or something else? They are still letting him drive thier cars and he is still driving under the influence.
1 Answer from Attorneys
Re: Auto accident causing the death of my daughter
From the facts you disclose, and in West Virginia, the personal representative of the estate, that is, the Administrator of your daughter's estate does have a cause of action for wrongful death. Damages to which the beneficiaries are entitled would be collectable from the insurance applicable to the car, including the liability limits, and the underinsured limits. In addition, underinsured limits from any other policy in your daughter's name or in the name of an adult resident of her household would be available for payment. This type of claim is a tort and is subject to the 2 year statute of limitations. As parent, you should consult counsel to attend to the matters in probate as well as making the claims for damages.
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