and go have a beer with your friends.? the police took the guys word for the accident because my sister was dead,/he was speeding and did not even try to avoid her,what can I do?..to find out if he was texting,on the phone, etc...
Divorce / Separation Lawyer
You're asking about the criminal end, which is up to the state and not you. You may want to speak to the county DA to determine their plans, but you cannot prosecute a criminal case.
Whomever is her next of kin (usually her spouse and children, or if there are none, other close family members) need to see a lawyer, start a probate, and determine if a wrongful death civil case for damages should be filed. Damages in such cases sometimes can be large. Since time is running out (in a bit over a year you lose your right to sue forever) the family should have already retained an experienced personal injury lawyer and needs to do that immediately. If there has not been a probate, that also must be started immediately.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at email@example.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
There are two systems at play- criminal and civil. Civil is for money damages. Criminal is controlled by the State and is for prison and other sanctions. We can look at the civil case and investigate fault and cause. No one can "force" the State to investigate of pursue criminal charges. Our condolences for your loss.
Please CLICK the button if I HELPED or was BEST ANSWER. No attorney-client relationship is established and responses here are general first impressions. You should consult with a lawyer about your problems. More about our firm is located at www.knowthelawyer.com.
There are many reasons that law enforcement or the prosecutor did not seek criminal charges against the other driver, though that doesn't mean there are not grounds for criminal charges. If you truly believe there are factors that the police should but aren't considering, then don't stop trying to, legally, obtain and present that evidence to the police.
Your attorney can obtain a great deal of information through the civil legal process and if the other driver was doing something such as texting while driving, it can also be grounds for seeking punitive damages. Unfortunately, seeking money damages for being wronged is sometimes the sole source of punishment for a wrong.
If you do not have an attorney pursuing the civil claims against the other driver, you should at least consult with a personal injury/wrongful death attorney.
Sidney Weinstein, Accident Injury Attorney
This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Sidney Weinstein, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Sidney Weinstein, firstname.lastname@example.org, (404) 522-3108.
Personal Injury Lawyer
I agree with the other answers. You or the representative of your sister's estate needs to talk to an attorney who specializes in personal injury. You can call for a free consultation.
Personal Injury Lawyer
You, or whomever is your brother's legal heir, should speak personally with a personal injury/wrongful death atty. before doing anything else.
Law Office of Robert G. Rothstein (Atlanta)
See our website and contact us at:
Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.
I'll echo everyone else who empathizes with your loss. You can start by getting the crash report from buycrash.com to see how the police characterized the incident. You should also contact an attorney who handles both auto cases and is skilled in handling wrongful death suits. That attorney should be able to get many other documents that various authorities are required to prepare in these situations. The attorney can then help you navigate next steps to take, including ensuring the proper steps are taken to establish the correct legal parties to file suit if that is what you both decide is appropriate. I wish you and your family healing. Contact an attorney as it may bring you closure if nothing else.
For more information, contact us at Fareesh@SarangiLaw.com or (770) 984-5380. The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship. Please mark this answer as "Helpful" or "Best Answer" if you like it.
I am sorry to hear about this tragic situation. Possibly a wrongful death claim can be pursued against the adverse driver or, if the adverse driver was not insured, the claim could be pursued against any uninsured motorist coverage that may be available. The facts and coverage issues should be reviewed by a personal injury attorney.
Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.
If this information has been helpful, please indicate below.
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.
A wrongful death lawyer can investigate a claim for money damages.
Brain Injury Lawyer
I am sorry for your loss. You need to contact and consult with a qualified personal injury attorney in your community.
Car / Auto Accident Lawyer
In most states, an accident reconstruction is required for all fatalities resulting from a car accident. See if this is the case in your state and request their report. Another option is hiring a local car accident attorney to investigate the matter and possibly file suit in which case the records could be subpoenaed. That attorney can also hire a reconstructionist. I would call a local lawyer asap. Time is always of the essence to investigate a car accident fatality and preserve evidence.
Car / Auto Accident Lawyer
Offline, I would want to know what the disposition is/was of traffic court. I would also want to see the police report. I suggest either call one of the attorneys below or myself. From a personal standpoint, I am so sorry for your loss. I don't know what feels like & I wish you a speedy spiritual & emotional recovery & grounding. I am at (404) 303-8875 if you ever just want to talk. Otherwise, best wishes.
Sam Levine, Esq.
Criminal Defense Attorney
How? Because an accident isn't a crime. It's a lawsuit. If it was an accident, there is no crime.
↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.