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My son was 3 years old when his father run him over and we both shared custody due to the tragedy can I sue him.

Stockton, CA |

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

I was the legal custodian we never lived together his father had visitation so my son lived with me

Attorney Answers 16

  1. 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.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.

  2. It is possible and depends on the language of the policy. Are you physically separated and do you maintain separate policies for different cars?

  3. 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.

    Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.

  4. 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.

  5. Yes you have a claim. You should meet right away with an experienced personal injury lawyer. Please accept my deepest sympathy for your loss.

  6. 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.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

  7. Yes. Avvo has a terrific "find a lawyer" tool to find a top-rated Avvo lawyer with a low contingency fee. Good luck.

  8. 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.

  9. California auto insurance policies do not cover injuries caused to a member of a household by another member of the household.

    Get the policy to make sure. Also talk to a lawyer to see if there are other ways to go about.

    My condolences.

  10. 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.

  11. You might. The real question is if you all lived together at the time.

  12. Yes you can sue. Does he have assets? His ins may cover, depending on title to the car, the ins policy, and your living situation at the time. Consult local atty asap.

  13. 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.

  14. 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.

  15. 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.


    Nothing in this answer is to be interpreted as legal advice. I would need more facts to fully assess your case.

  16. The common answer is correct. Hire an experienced AVVO attorney who has experience in these types of cases and let he or she investigate including a careful reading of the Ins. Policy. Sorry for your loss-

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