My daughter ran across the interstate in MA. The driver “didn’t have any warning” and there were no skid marks because “she didn’t have time to prepare as my daughter came out of nowhere”. This happened almost a year ago to the day. I just received something from April saying the insurance company wanted to reach me to give me a settlement. They said their decision was final for 2000.00 for personal injury. No money was available for bodily injury (my daughter was unidentifiable) due to the driver not having any warning that she was there. The police report states my daughter was at fault. My daughter left behind 2 small children, who are separated by their fathers and I have to go to court to get visitation. I had to cancel surgery as the call came in just 4 hours before I was due at the hospital. Many are telling me insurance covers pain and suffering, which is an understatement. Furthermore I am hearing that insurance companies do not offer more because they don’t want to pay and will push for the Lower amount. Is this true? Do I have the right to sue? My daughter was not a resident of MA. She was a resident of Long Island.
First, I want to say how sorry I am to hear about the loss of your daughter. Secondly, I would make an appointment with a lawyer who handles motor vehicle/wrongful death cases. There may be some facts that would show someone other than your daughter who is at fault. The insurer is offer the $2,000 as those are the Personal Injury Protection (No-Fault) benefits that are available under the driver's policy. But there may be more than that available. Again, consult a lawyer so you can discuss all of the details.
Yes. An experienced attorney should review all the facts and, possibly, have an accident reconstruction expert.
You may well have a case. You should consult with an experienced motor vehicle attorney to be sure.
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You have my deepest sympathies. Any potential wrongful death claim here will hinge on the provable facts involved in this collision. Any action would need to be brought by the administrator of her estate.
If your daughter was married, her husband should speak with a personal injury attorney in the state of Massachusetts. If you are her next of kin, I suggest that you arrange a free consultation with a personal injury attorney in Massachusetts. You need to act quickly, because the statute of limitation for a wrongful death claim is usually shorter than a regular tort claim. Act now.
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.
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