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
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
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
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
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
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
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
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
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
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
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
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
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