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Whether a decedent’s survivor is entitled to Excess economic losses beyond 3 years?

Warren, MI |

Decednt was a passanger died in a sngle car accident. He was survived by his wife and 6 months old daughter.
The owner of the vehicle carries 20/40 coverage.
It is my understanding that an injured person is entitled to excess wage loss. Is this provision also applicable to survivor loss?
My question is, whether the 6 months old kid collect the survivoe loss benefit in excess of 3 years?
If so, who would be the proper defendant?
Do we have to sue him in his personal capacity OR his insurance carrier will be responsible for the excess wage loss.
What if the defendant only carries 20/40 coverage.
What do you suggest?

Attorney Answers 8


  1. I would suggest that you consult with a local attorney to review all the issues. Many times there are issues that are not at first apparent. Contact a local attorney and ask for a free consultation. Most attorneys will meet with you to review all of the issues and to share with you the best options. By meeting with an attorney, you will not be incurring a fee.


  2. hire a lawyer in your area who takes a low percentage

    If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck!


  3. I agree with Mr. Coluccio. By consulting with a local attorney, you are getting a better idea of what your legal options look like. I would recommend taking Mr. Failey up on his offer to meet with you.


  4. Call attorney William Failey. He wants to help. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  5. Don't be misled that only 20 can be recovered. The family should retain a wrongful death lawyer to investigate filing a lawsuit.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  6. Under Michigan law, survivors are entitled to certain benefits and excess losses are included. The problem us that the driver only carried 20k$ in insurance. It is possible to carry your own underinsured motorist coverage, so a consultation with a local attorney is key. So sorry for your loss.


  7. There are a number of issues all of which are fact driven. Did the deceased have an auto policy, what were his limits, did he have underinsured motorist coverage.
    You need to see an attorney now as the time to file a claim is limited. Call for an appointment.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .


  8. Your posting is a bit confusing. I cannot tell your position in this factual scenario. I suggest that you consult with a personal injury attorney in your area and discuss all of the facts face-to-face with an attorney.

    Generally personal injury attorneys will provide you with a free consultation. Call someone for and appointment and ask the attorney what records you should bring to the meeting.

    Legal Disclaimer:

    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.

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