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Can the parents of a 26 year old be sued for wrongful death beleived to be caused by their son?

Gardner, MA |

My nephew was killed in an auto accident over a year ago. There were no charges in the accident as they blame the weather. Besides what money they can get or got from the auto insurance company, can the driver be sued for wrongful death? The driver does not have many assets and lives independently of his parents. They may have assets such as savings or 401k's. My newphews family is going through a hard time financialy. They have not been able to work much after this accident.

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Attorney answers 5


This is a difficult time for his parents and my heart goes out to them. The loss of a child is a very difficult burden to bear in life. His parents should also look into whether he has underinsured motorist coverage on his policy.

I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.


A driver who lacks assets is not a promising target for a lawsuit. The recovery will most likely be limited to insurance proceeds. Your question does not make clear who owned the car. The owner of a car involved in an accident may be liable in addition to the driver. Your nephew's family needs to consult with a personal injury lawyer, as soon as possible.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


Pursuing the parents of 26 year old emancipated adult is almost certainly to be futile unless they owned the car. Your family should look into their uninsured motorist coverage. They can always get a judgment against the negligent party and take payments over time.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -


Not unless they owned the car.

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If the car did not belong to the parents, I do not see how they could be implicated in any claim based on what you have stated.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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