I am deeply sorrowful for your loss. Please know there are numerous attorneys in the greater Tulsa area, and outside the area as well, who provide legal assistance to surviving parents in such wrongful death proceedings.
You may use the Find a Lawyer feature here, or use other means of your choosing. Although i do not presently represent any parties in your area of our state, you are welcome to contact me if I can provide you any further assistance or general information.
Unless the driver has significant assets you can pursue, unlikely in general terms but possible, your recovery will be constrained to the limit amount of his insurance policy, plus any coverage you may have under your policy regarding medical payment coverage or under insured motorist coverage or your health insurance coverage.
Most anytime someone hits the point to ponder if they need counsel, the answer is yes, you do.
If that point comes after being cuffed and placed in the back of a police car, the answer is still very much yes, you do.
I agree with Mr.Briggs after your additional information. You've attempted to resolve it on your own. Use the Find a Lawyer feature here, or contact Mr. Briggs or other cousnel in your area of your choice and move things to a new level.
Your doctor doesn't allow you to decide the size of his bill.
Your car dealer doesn't permit you to set the price of a car.
Your electric company doesn't permit you to decide what you pay per KW hour.
Your own insurance company doesn't let you decide the price of your premiums.
So, it makes me wonder, why on earth would you be in a conversation that let's the other insurance company decide what your claim may be worth.
Their entire business plan is predicated on taking in funds and...
You clearly have means to retain counsel. You indicate you have not yet been sued, but anticipate you might. with respect, why are you fussing around on an internet forum instead of sitting across from counsel signing your representation agreement? Or would you prefer to just wait for a summons and then try to deal with all your various possibilities after there are orders in place limiting what you may do?
Delay in hiring counsel is not your friend, not in the least.
APC does not require the person to actually be observed driving the vehicle. However, if there is a sober person present and operating the vehicle at the time of the stop, and he or she testifies there is no intent of relinquishing control of the vehicle, it would be a difficult case for the state to prove.
Conversely, if the intoxicated person is in a position of authority over the sober person, the fact finder might be persuaded the intoxicated person could assume control of the vehicle.
Sitting down on your own with an insurance adjuster is like being the lone duckling sitting by the pond with two foxes and one fox says 'hey, let's play fair and vote on what to have for dinner.'
Engage an experienced personal injury attorney to represent your interests. You'll enjoy the dinner vote far more if you do.
Your husband needs to contact the attorney who represented him during his divorce, and heed his or her advice. This really isn't an issue a spouse can fix for her husband other than encourage him to see the lawyer and get things cleared up before it becomes a problem.
He needs counsel and he needs to report to his PO. And it does have to do with his restrictions. It is pretty much a universal condition of being on probation/parole that one engage in no unlawful conduct.
Drinking and driving is engaging in unlawful conduct.