As a mother have the right to sue the company that my son was working for? 28 Answers as of April 01, 2013

My son was killed on the job, we know for a fact the driver was speeding, a large tank truck was jackknifed, they could of stopped if they weren’t going so fast.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Yes you can, and if you can prove it, you could win. Was your son married, or did he have kids? If so, they would be the people to bring the case.
Answer Applies to: Michigan
Replied: 4/1/2013
Durham Jones & Pinegar | Erven Nelson
Yes, you can sue for wrongful death. I can help you find a good lawyer.
Answer Applies to: Nevada
Replied: 4/1/2013
Merdes & Merdes, P.C.
Merdes & Merdes, P.C. | Ward Merdes
Normally, yes. This is particularly true if your son was financially inter-twined with you to any extent. See AS 09.55.580, Alaska's wrongful death statute. This is a complicated area of law. I strongly urge you to contact an Alaskan personal injury attorney ASAP. You have two years from the accident date. Don't delay. I am very sorry for your loss. /s/ Ward Merdes
Answer Applies to: Alaska
Replied: 4/1/2013
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
IN Connecticut you cannot sue. Your son's estate has a claim. If it is only against the company workers comp rules my preclude a suit and limit recovery.
Answer Applies to: Connecticut
Replied: 3/31/2013
Stephens Gourley & Bywater | David A. Stephens
In Nevada you can make a worker compensation claim against the company he worked for or sue the driver of the truck unless he was an employee of the same company.
Answer Applies to: Nevada
Replied: 3/28/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Your son's estate can file a workers comp claim, and/or can file a lawsuit against the driver if the driver was not a co-worker (otherwise workers comp is the sole remedy). If he had a will, the personal representative in the will can bring the suit or claim. If there was no will, the priority of who can bring the claim are, his spouse, his children then his parents.
    Answer Applies to: South Carolina
    Replied: 3/27/2013
    LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
    Yes if your son provided financial support to you so you considered to be a beneficiary and is entitled to receive death benefits and if the accident was caused by the other driver, you may sue the other deiver for wrongful death.
    Answer Applies to: California
    Replied: 3/27/2013
    Law Office of Christian Menard
    Law Office of Christian Menard | Christian Menard
    It sounds like you have a wrongful death case against the owner and driver of the responsible vehicle. In such suits, the decedent's direct heirs are entitled to sue as a group. Each of the heirs would be entitled to receive that amount which they could have reasonably expected to receive from the decedent had the decedent lived his normal life expectancy. I suggest you hire an attorney as soon as possible.
    Answer Applies to: California
    Replied: 3/27/2013
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    Whether you can sue depends on several factors: Does your son have a wife? Children? Were you dependent on him for financial support you can sue the truck driver and his employer!
    Answer Applies to: California
    Replied: 3/27/2013
    Gates' Law, PLLC | Thomas E. Gates
    Generally, it would be your son's estate that would sue the company.
    Answer Applies to: Washington
    Replied: 3/27/2013
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 3/27/2013
    Nash & Franciskato Law Firm
    Nash & Franciskato Law Firm | Brian Franciskato
    As a mother, you might have a claim against the employer. If your son was married and/or had children, then his spouse or children have a worker's compensation claim. You might also have a claim against the driver of the vehicle.
    Answer Applies to: Missouri
    Replied: 3/27/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    So sorry about your son..In Alabama, the person in charge of the estate has the right to sue. With regard to suing the Employer for comp benefits, only dependents would be entitled to benefits. Although comp benefits are the exclusive remedy against the Employer for an on the job injury, there may be an independent claim outside of the Comp Act against the driver of the truck which you may want to have looked at by a lawyer. Sympathies and good luck.
    Answer Applies to: Alabama
    Replied: 3/27/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Generally, on the job injuries/death result in workers compensation payments to dependents of a deceased worker. Generally, employers/co-employees may not be sued in tort for on the job injuries. However, any "3rd parties" who were negligent may be sued. There are not enough facts in your question to determine what legal rights the deceased, his estate and/or the family may have. I suggest you consult local Michigan counsel who handles motor vehicle collision/workers compensation cases.
    Answer Applies to: Michigan
    Replied: 3/27/2013
    Graves Law Firm
    Graves Law Firm | Steve Graves
    Yes, in Texas a mother has the right to sue for the wrongful death of her son. See a lawyer.
    Answer Applies to: Texas
    Replied: 3/27/2013
    Lydy & Moan | C. Gary Wilson
    Depends upon who the survivors are of your son, whether or not he contributed to your support, other factors. Need to seek counsel.
    Answer Applies to: Ohio
    Replied: 3/27/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Not sure I understand but if your son were killed in the course and scope of his work he would have a valid claim before the Industrial Commission . if you are the next of kin you would follow thru
    Answer Applies to: North Carolina
    Replied: 3/27/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    If your son was killed, someone has to be appointed over his estate to file a wrongful death suit, or it may have to go through workers compensation. Talk to an attorney as soon as possible.
    Answer Applies to: Alabama
    Replied: 3/27/2013
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    Quite possibly, yes. You should consult with an attorney.
    Answer Applies to: Georgia
    Replied: 3/27/2013
    Kram & Wooster, P.S. | Richard H. Wooster
    There is a wrongful death action that can be brought on behalf of your son's estate, depending on the facts. You might have a claim if you were dependent upon your son or if you witnessed the accident or came upon the scene right after. However, the main claim belongs to your son 's estate for any pain and suffering and the loss of future earnings.
    Answer Applies to: Washington
    Replied: 3/27/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    I am very sorry to read about your loss. Yes you do have a right to file suit as the Personal Representative of the Estate. In Oregon you have 3 years to file a wrongful death case. You should retain an attorney to make sure evidence is preserved and an investigation is done.
    Answer Applies to: Oregon
    Replied: 3/27/2013
    workerscomp.tv
    workerscomp.tv | Terrence A. Valko
    If there is no spouse or children, then the Father and/or Mother can maintain an acton under the workers' comp statute.? In addition, you must file a third party action under the Wrongful Death and Survival Statute.? The parents may of course open up an estate and be a named nominal plaintiff in the place and stead of the deceased as the matter is presented for justice. Please accept my condolences at the loss of your son;? it is very sad - and under these facts completely unnecessary - for a person to have to?bury his own child.
    Answer Applies to: Pennsylvania
    Replied: 3/27/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    The employer / co-worker has the immunity of the Industrial Insurance Act. There may be a civil claim if a third part was at fault.
    Answer Applies to: Washington
    Replied: 3/27/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You need to take any and all reports you have as to the incident. You will probably need a consltation with a workers comp attorney and an attorney that also handles wri=ongful death.
    Answer Applies to: California
    Replied: 3/27/2013
    John Russo | John Russo
    Talk to a good lawyer that handles wrongful death actions.
    Answer Applies to: Rhode Island
    Replied: 3/27/2013
    Burkhalter, Rayson & Associates, P.C.
    Burkhalter, Rayson & Associates, P.C. | David A. Burkhalter, II
    I am sorry for your loss. Assuming this occurred in Tennessee, there may be claims that could be made under the Worker's Compensation statute as well as a personal injury claim that could be made against the speeding driver and/or the company the driver was working for at the time. If your son's estate has been probated, if he was married, and/or if he had children, then that could affect your right to bring such a case and the amount you might recover in either of the above possible claims. You should consult experienced legal counsel immediately to make sure evidence is preserved and that your rights are protected.
    Answer Applies to: Tennessee
    Replied: 3/27/2013
    Mike Lewis Attorneys | Mike Lewis
    In NC, if your son was covered by workers compensation, his Estate would not have a claim against his employer.
    Answer Applies to: North Carolina
    Replied: 3/27/2013
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    You should call our office. You need to talk to counsel right away.
    Answer Applies to: Michigan
    Replied: 3/27/2013
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