I have a question my son was ran over by his father and sadly my son never made it now I have to go through all this grieving and therapy and bills would the insurance of the fathers car be able to pay all my medical bills for the loss of my only son please help , any advice
Yes. As the surviving parent, you may be able to bring a wrongful death claim for the loss of your son. You would need to have an attorney carefully review the facts of the case and investigate the coverage on your ex-husband's insurance policy. You should consult with an attorney immediately as there are time deadlines for any potential claims.
I am sorry to hear of your loss. You should consult with a personal injury attorney to assist you with bringing a wrongful death claim against your husband. Hopefully your husband carried auto insurance. You have 2 years from the date of the accident to bring such a claim, so don't delay. Most personal injury attorneys provide free initial consultations.
***This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney client relationship.
I am so sorry for your loss. I urge you to contact an experienced personal injury lawyer in your community for a consultation regarding what you can do to obtain a recovery from the father's auto insurer if he was the owner of the vehicle. A California attorney can explain the law to you regarding what damages you can recover (if any) for your grief and what rights you have to have a wrongful death action brought against your son's father.
Use the Avvo find a lawyer function to locate the right attorney for you. My condolences for your loss.
So sorry for your loss.
As a surving parent you can bring a wrongful death action against his father. You do not indicate whether you are married to him or divorced. That status may affect whether insurance is applicable or not.
You should consult a local pesonal injury attorney.
You have a case; but the recovery from the insurance company is questionable. Most policies would have exclusions that would probably apply. If that is true you would have to look to the father's assets and ability to earn and pay off any settlement or judgment. If you have the policy, you can check it. You can probably get a copy from your or your husband's broker. You can call the broker, too, for an impression; but you should seek the advice of a good, competent attorney that can look over the policy and other possibilities and properly advise you. The attorney will go over the facts and details; and the advice will be much more solid than you can get here. The initial consultation should be at no charge, too.
I am so sorry to hear of your loss. It is important that you contact a lawyer who can help guide you through this process. There are going to be a number of issues, not the least of which is what insurance policies might provide coverage.
Most of us will provide initial consultations at no charge and with no commitment. And many of us offer fee arrangements where we only get paid if you obtain a recovery. So there's no downside to getting some legal advice. You should do so soon.
As long as you are legally divorced (or never married) and not living in the same household there should be coverage on the father's insurance policy. You may also be able to look to your own uninsured motorist policy as another option if no coverage against father. You should consult with an experienced attorney promptly - there are time limits on presenting a claim.
Typically, an auto insurance policy covers the insured for all sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage sustained by any person other than an insured caused by the accident and arising out of the ownership, or use, of an insured automobile.
Thus, absent an applicable exclusion, your damages are arguably covered by the policy. In addition, you have a right to pursue claims in your son's name under a right of survivorship. Keep in mind that ultimately, you may have to sue your son's father to recover. However, there is no harm in presenting your claim and damages to the insurance company to see if you can reach an agreement to settle your claims.
I am so sorry for your loss.
To answer your question, you may be able to make a recovery against one of your son's father's insurance policies. This, of course, would depend on what kind of insurance policies he has. You need to speak with a Wrongful Death attorney immediately and let them obtain the policies for you. Once you know what kind of policies are out there, you will be better informed about your options. Please contact me if I can be of any assistance. Again, sorry for your loss.
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