So my father an only child lost his mother (my grandmother) in a car accident this past November. She was elderly but in good health, no medical problems other than normal aging. She was the passenger so she wasn't at the wheel and the defendant has already accepted full fault. The defendant's car insurance alone covered 1 million dollars. My parents had just built an addition to their house intended for my grandmother which is now not being used and my grandfather is in an old person's home no longer able to care for himself. How much should my father expect to get or push for in this settlement?
You ask the one question we can't answer and should not attempt to answer on Avvo. Your dad needs a good personal injury attorney. Even then no attorney can put a value on life. There are life expectancy tables, but that is not the only measure. Earnings come in but that is a problem with the elderly, they've retired. And you best believe that insurance company is going to fight to hang onto every dollar they can. Good luck.
Advice given in this forum does not create an attorney - client relationship. No advice should be relied on without consulting with a local attorney.
He can ask for anything he wants but his requests will not be taken seriously unless and until he retains a good personal injury attorney.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
Your Father could file a wrongful death action in this case. There is no way to determine the amount of money that he might receive without many more details of the case and an evaluation by an experienced personal injury attorney. AVVO has many experienced personal injury attorneys that your Father may contact to review the entire case.
This answer is for informational purposes only. It does not establish an attorney client relationship.
I'm sorry to hear about the loss of your grandmother. It is difficult to tell you what your father should ask for and impossible to tell you what your father may expect to receive in a settlement in this type of forum. There are so many factors that go into determining the value of a wrongful death claim and you should not share those details in this forum. Instead, your father should speak with a local personal injury lawyer. Most lawyers provide free consultations so he has nothing to lose and much to potentially gain by scheduling a meeting. If you need help finding a lawyer you can use AVVO's Find a Lawyer tool or you can contact your local bar association. Keep in mind that it is the personal representative of your grandmother's estate who likely has the right to bring a wrongful death lawsuit (although others may benefit from any damages recovered). If your father is not the personal representative of the estate then he should talk to that person about seeing an attorney.
An adult child's emotional loss, generally, is not much of an element of damages in a wrongful death case for his mother under New York Law. Get New York personal injury counsel involved to explain the elements of damages that can be claimed, which include loss of parental guidance (a relatively modest amount), your grandmother's pain and suffering and loss of services claims for your grandfather, assuming she was caring for him. Other items including lost earnings/loss of inheritance/funeral expenses etc may be applicable as well.
Your father probably will not get much for loss of parental guidance because he is an adult. The money will come from your grandmother's pain and suffering and/or apprehension of impending death. Was she conscious following the accident? Hopefully your father is not going to try to handle this without a personal injury lawyer. Insurance companies try to take advantage of people who do not have lawyers and there are procedural issues that have to be handled correctly.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Sorry for your loss. Retain qualified counsel. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
You should heed the advise of the others that have responded and get a personal injury attorney involved. Even if someone on this site wanted to offer an opinion as to value, there is not enough information given.
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.
I am sorry for your loss. Your best bet is to sit down with a personal injury attorney who is willing to take your fathers case to trial if need be. The insurance company will offer something, the tricky part will be maximizing their offer to get your father exactly what he deserves for his loss.
You need an experienced personal injury attorney immediately. All of the things you mention are items of special damage which the insurance company owed to her heirs. In addition they owe you for general damages, aka loss of comfort, support etc. The insurance company will not pay what they owe unless you get an attorney.
I am very sorry to hear of this tragedy. There is no formula for damages in these cases. Each is as individual as your grandmother was; and each will depend on the details of the relationships and individual circumstances involved. The best way to maximize his recovery is to hire a good, competent, experienced lawyer who will go over everything with him and take care of his interests.
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