Can I get money for my granddaughter if her mother was killed? 65 Answers as of July 03, 2013

My 20 yr old daughter and her unborn child were killed in a car wreck due to driver negligence which was her fiance. He pleaded guilty and walked away. I would like to know info on what I can do to get something for the 2 yr old daughter she left behind.

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The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
You should seek the advice of a personal injury attorney who is experienced in handling wrongful death cases. Oregon has a wrongful death statute that lays out the potential beneficiaries of such a lawsuit. Biological children are included as well as parents. You will need to have someone qualified to be the personal representative of the estate bring the lawsuit. The statute also addresses who should presumptively be the PR. I would also advise you to consider hiring a different attorney to manage the probate case in relation to the estate assets. Oftentimes the same attorney is qualified to handle both, but most of the time attorneys will specialize in one or the other.
Answer Applies to: Oregon
Replied: 8/3/2011
Law Office of William Justice Whitaker
Law Office of William Justice Whitaker | William J. Whitaker
You have a few options for your recovery. You can go after the insurance policies of the person that hit you as well as the insurance policies of the people who live with him. This is called "stacking" and for wrongful death case like this I would think that this is an avenue that you should pursue. In addition, you can go after your "under-insured" motorist coverage from your daughters insurance as well as stacking the under-insured policies of anyone who lives in the same home as her at the time of her death. Be advised that you have two years form the date of the injury to file a lawsuit and that you would need to become the personal representative of the estate before you could file any legal action. I would be happy to discuss this case with you in detail.
Answer Applies to: Virginia
Replied: 8/2/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Absolutely! You would be the "next friend" to your granddaughter, and you would sue on her behalf. That said, I am truly so, so sorry for the loss of your daughter and your second grandchild. If there is anything we can do to help, please don't hesitate to call. -
Answer Applies to: Missouri
Replied: 8/1/2011
David Hoines Law
David Hoines Law | David Hoines
the daughter may have a wrongful death claim the statute of limitations is normally 2 years from the date of death and, did the fiance have auto insurance?
Answer Applies to: Florida
Replied: 8/1/2011
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
If you would like to discuss this matter further.
Answer Applies to: New York
Replied: 7/3/2013
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Certainly the driver of the car that killed your daughter is liable for her death if he was negligent. You and your granddaughter both may be due damages in this instance. If you are the caretaker of the granddaughter, you may be the proper person to file suit on her behalf. Whether or not you receive money in the end will depend on whether or not the negligent driver had any assets or insurance.
    Answer Applies to: Louisiana
    Replied: 7/28/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The answer is yes, but you need to know that there will probably be a contest over who gets appointed to be the personal representative of her estate. In Florida, all claims for wrongful death have to be brought through the personal representative of your daughter's estate. I would contact an attorney right away to try to get that estate set up, so that you can control how the proceeds from any claim are disbursed.
    Answer Applies to: Florida
    Replied: 7/28/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    There honestly may be very little to be done. The guest passenger statute would prevent a wrongful death case unless the fiance was drunk, impaired or more than negligent. If any of these apply a claim could be filed against the driver. If the driver was intoxicated you might could sue the location where he received alcohol if he was drunk when he was served, this would be available regardless of the car insurance issue I believe. Get a good lawyer now.
    Answer Applies to: Alabama
    Replied: 7/28/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    Yes, you can make a wrongful death claim against the driver who caused the accident, both for yourself for the loss of your daughter, and on behalf of your granddaughter for the loss of her mother. There may also be some available claims for the unborn child. Suit must be filed within two years of the date of the accident, so please contact an attorney as soon as possible.
    Answer Applies to: Texas
    Replied: 7/28/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    Please accept our condolences on the loss of your daughter. With regards to your granddaughter's possible case, assuming the fiance was the only person at fault for the car accident, then any claims would be limited to that person's insurance, assuming they had liability insurance, or if they have substantial assets, they may be pursued individually. Under either circumstances, if you are the guardian for your granddaughter, then you are able to a pursue any viable claims on her behalf.
    Answer Applies to: Florida
    Replied: 7/28/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    You can bring a suit in behalf of your granddaughter.
    Answer Applies to: Virginia
    Replied: 7/28/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You can bring a wrongful death action for the mother and child. You need a PI lawyer.
    Answer Applies to: North Carolina
    Replied: 7/28/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    If the driver was wanton you might be able to recover against the driver's insurance and any underinsured coverage. T
    Answer Applies to: Alabama
    Replied: 7/28/2011
    Suisman Shapiro
    Suisman Shapiro | John A. Collins
    You can open an estate for your daughter and bring a claim against the fiance. If he had insurance coverage you may then be able to recover money for the estate. Your grand daughter will likely be a beneficiary of that estate.
    Answer Applies to: Connecticut
    Replied: 7/28/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    Have you filed an estate in Probate Court yet?
    Answer Applies to: Ohio
    Replied: 6/26/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Yes. The heirs of your daughter and granddaughter can bring a suit against the fianc. Who ultimately gets the proceeds depends on whether your daughter had a will. Without a will, all of the proceeds for the mothers death, and the childs death, will go to your granddaughter. Someone will have to open an estate for both victims with the probate court to bring the suit. How much compensation can be obtained may depend on how much insurance coverage exists.
    Answer Applies to: South Carolina
    Replied: 7/28/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    She would have a major wrongful death case against the fiancee. You should speak to a personal injury attorney as soon as possible. I am sorry to hear about the loss of your daughter.
    Answer Applies to: California
    Replied: 7/28/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    I'm so sorry to hear about your loss. You should file a wrongful death lawsuit against the driver and his insurance company and also explore whether there was uninsured motorist coverage that might be available for your granddaughter.
    Answer Applies to: Florida
    Replied: 7/28/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Absolutely. These are considered wrongful death cases. However, there are very strict time limits that need to be dealt with. You should seek out an attorney right away to discuss the specific circumstances of your case right away.
    Answer Applies to: Oregon
    Replied: 7/28/2011
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    Yes, You can recover on behalf of the deceased's estate. Your grand daughter is a beneficiary of the estate and would be entitled to some of any recovery of a wrongful death lawsuit.
    Answer Applies to: Oregon
    Replied: 7/28/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You should definitely speak with an attorney. You probably have a claim. I would need more details for a true answer but it sounds good. My numbers are listed below if you would like to discuss this in more detail.
    Answer Applies to: Massachusetts
    Replied: 7/28/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Yes. She would have a wrongful death claim.
    Answer Applies to: Florida
    Replied: 7/28/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Please call my office to schedule a meeting, or if you are not in the Mobile area, a telephone conference. There may be avenues of recovery available. I am sorry for your loss. Stay well.
    Answer Applies to: Alabama
    Replied: 7/28/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You can file a claim on behalf of your daughter's estate against the other driver who caused your daughter's death.
    Answer Applies to: New Jersey
    Replied: 7/28/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. Absolutely!! Her next of kin can bring a wrongful death claim. The limitation period is two years. If the car was insured you can automatically get a death benefit, usually $2,000.00, but you can also sue for "pecuniary loss" to the deceased person's heirs. The heirs could be other children, parents, siblings, etc. It is definitely worth following up on. I hope the fella had insurance. That's the key. Good luck!
    Answer Applies to: New York
    Replied: 7/28/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    I am so sorry to hear about your loss. There are certain avenues that you can pursue when dealing with the wrongful death of a person and unborn child. Time is often of the essence so you definitely do not want to lose any type of case you may have because you waited too long.
    Answer Applies to: Louisiana
    Replied: 7/27/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, a wrongful death case can be brought by her family.
    Answer Applies to: Michigan
    Replied: 7/27/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    The estate of your deceased daughter has a wrongful death claim against the person responsible for her death. Your grand daughter is an heir of your daughter's estate. You should contact an attorney right away. Failure to act quickly could jeopardize the claim.
    Answer Applies to: Oregon
    Replied: 7/27/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    If the fiance was driving and his negligence caused your daughter's death yes there is a potential cause of action (lawsuit) on behalf of the deceased's child. It comes in 2 parts: (1) A lawsuit brought by the guardian of the minor child on behalf of the child for "the full value of the life" of the deceased; and (2) A claim for medical expenses, burial expenses as well as pain and suffering of the deceased brought by the executor or administrator of the estate of the deceased. The creation of the estate and the guardianship must be done properly for this to occur. Also, wrongful death cases are typically among the most contentious types of litigation. This is VERY complicated stuff and most lawyers cannot do it right. Do not get just any lawyer for this. You must get an attorney who is an expert in wrongful death cases.
    Answer Applies to: Georgia
    Replied: 7/27/2011
    Harris Personal Injury Lawyer
    Harris Personal Injury Lawyer | Ryan D. Harris
    First off. I am so sorry for your loss. To answer your question. If your daughter's fianc was in fact negligent in the operation of his vehicle, and as a result your daughter was killed, you and your granddaughter have a civil wrongful death case and are entitled to civil damages and monetary compensation. I would strongly urge you to contact a knowledgeable personal injury attorney right away to obtain more information.
    Answer Applies to: California
    Replied: 7/27/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You need to immediately contact a personal injury lawyer in your area familiar with 'wrongful death' cases.
    Answer Applies to: Colorado
    Replied: 7/27/2011
    Premier Law Group
    Premier Law Group | Jason Epstein
    A claim could be brought against the at fault driver, her fiance. What could be recovered for her surviving daughter would depend on many factors. You should definitely consult with an attorney to discuss the matter further.
    Answer Applies to: Washington
    Replied: 7/27/2011
    Fears & Nachawati Law Firm
    Fears & Nachawati Law Firm | C. Bryan Fears
    Was the at fault driver covered by insurance or does he have any assets? Those are the questions to have answered.
    Answer Applies to: Texas
    Replied: 7/27/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Under Virginia law, a wrongful death case can be filed by a qualified executor or administrator. If a settlement or recovery is obtained, the daughter of the decedent would have to be considered and should receive all or a portion of the award. The parents of the decedent also have an interest. This is a complex area of the law and an accident attorney should be consulted.
    Answer Applies to: Virginia
    Replied: 7/27/2011
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    What a terrible tragedy. I am very sorry for your loss. As long as the statute of limitations has not run (which in Massachusetts is 3 years from the date of accident), your daughter's estate would have a potential claim against the driver. I would assume that your 2 year-old granddaughter would be a beneficiary of your daughter's estate (that gets into whether there was a will, etc.).
    Answer Applies to: Massachusetts
    Replied: 7/27/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Absolutely. This is called a "wrongful death action" and your grand-daughter is entitled to compensation for her loss of support. It is likely that your daughter's estate could sue as well, depending on certain circumstances. A legal guardian would have to be appointed for your grand-daughter, which may have already been done.
    Answer Applies to: New York
    Replied: 7/27/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    This is a wrongful death claim.You should consult with an attorney in your area as soon as possible.
    Answer Applies to: Connecticut
    Replied: 7/27/2011
    Harris Personal Injury Lawyer
    Harris Personal Injury Lawyer | Philip C. Alexander
    Yes, this would be a claim for wrongful death. You should contact and consult a personal injury attorney regarding your granddaughter's claim.
    Answer Applies to: California
    Replied: 7/28/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You can file a wrongful death action. You , or some resposble adult, will have to petition the court to be the surviving child's guardian ad litem. Very sorry to hear about your loss.
    Answer Applies to: California
    Replied: 7/28/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    Your daughter's estate can bring a wrongful death personal injury action against the driver. If your daughter was single and did not have a will, her daughter will be her intestate heir. You may be able to serve as administrator of her estate and hire an attorney to represent the estate in the lawsuit. You should contact an attorney (or firm) that has experience in both estate law and personal injury.
    Answer Applies to: Pennsylvania
    Replied: 7/28/2011
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    Based on the facts you have stated, your daughter's estate may have a claim for damages as a result of her death. The administrator of her estate is the person who has the right to assert the claim. If you qualify as the administrator of the estate at the Estates Division of the Clerk of Superior Court, then you will be in a position to consult with an attorney about representing you in making the claim. If your daughter was unmarried and survived by one child, that child is the person who is entitled to the proceeds of any recovery.
    Answer Applies to: North Carolina
    Replied: 7/27/2011
    Kline Law Offices P.C.
    Kline Law Offices P.C. | Robert C. Kline Jr.
    Your question encompasses complicated issues regarding the law that applies to torts, insurance, wrongful death, probate and guardianships. Under the circumstances you describe, it may very well be possible to obtain compensation for the 2 year old daughter. You should definitely consult with an experienced personal injury lawyer ASAP.
    Answer Applies to: Oregon
    Replied: 7/27/2011
    D'Amore Law Group
    D'Amore Law Group | Emily Terriquez
    You may be able to recover money on behalf of your granddaughter. In order to pursue this claim, you would have to be appointed as the personal representative of your daughter's estate. This requires filing some paperwork with the court. Then, you may be able to pursue a claim against her fianc. Unless her fianc had assets, you would likely only be able to recover insurance money on the car that she was in, which would be limited to the insurance amounts available.
    Answer Applies to: Oregon
    Replied: 7/27/2011
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    I am very sorry for your loss. To answer your question, you absolutely have a cause of action. You have what is called a wrongful death suit against the fiance.
    Answer Applies to: Oregon
    Replied: 7/27/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    I am so sorry for your loss. You can sue the driver and his insurance company if they can be found liable for the accident. Generally, there is a 2 year statute of limitations on accident cases.
    Answer Applies to: Pennsylvania
    Replied: 7/27/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    First, let me express my condolences for your loss. Second, your 2 year old granddaughter is entitled to make a claim against the driver for the loss of her mother. This is something that will, likely, require the assistance of an attorney. Generally, a probate must be filed in court; and then the executor or administrator of the estate - through the attorney - will bring the action on behalf of the estate and the daughter.
    Answer Applies to: Washington
    Replied: 7/27/2011
    Ackley Law Group, PLLC
    Ackley Law Group, PLLC | Andrew N. Ackley
    A child of someone killed as a result of negligence has a cause of action for the wrongful death of the parent. A wrongful death and survival action is typically brought by the personal representative of the estate of the deceased person. It functions much like any other lawsuit. The child is entitled to damages for the loss of affection and companionship of the mother.
    Answer Applies to: Washington
    Replied: 7/27/2011
    Pivotal Law Group, PLLC
    Pivotal Law Group, PLLC | Christopher L. Thayer
    I am very sorry to hear about this very unfortunate situation. Assuming this occurred in WA, your daughter's estate would have a claim against the negligent driver, which could benefit your granddaughter. There are other possible claims depending on additional facts. I would highly recommend that you contact an experienced personal injury attorney in your area. Most offer free initial consultations. It is important that you act quickly on this matter.
    Answer Applies to: Washington
    Replied: 7/27/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    It depends on the facts, and it depends on the available insurance coverage. Contact an injury lawyer in your city to discuss your options.
    Answer Applies to: Nebraska
    Replied: 7/27/2011
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Sorry to hear of this tragedy. To give you a short answer, yes. Go see an attorney right away. Good luck.
    Answer Applies to: New York
    Replied: 7/27/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Perhaps. I'd have to see if NY allows a claim for someone in utero at the time of the accident.
    Answer Applies to: New York
    Replied: 7/27/2011
    Law Office of Christopher F. Earley
    Law Office of Christopher F. Earley | Christopher Earley
    I am sorry to hear about that. It really depends on many factors.
    Answer Applies to: Massachusetts
    Replied: 7/27/2011
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    Under Idaho law you can assert a wrongful death claim on behalf of your granddaughter. These claims are based on the special statute Idaho Code section 5-311 and are uniquely complex. There is no question that you need to contact an experienced Idaho injury attorney to assist in a case like this. The amount of assets that the fiance has and the amount of insurance he has will both be relevant issues.
    Answer Applies to: Idaho
    Replied: 7/27/2011
    Martinson & Beason, PC
    Martinson & Beason, PC | Elizabeth Beason Moore
    Yes you can get money for her child. Did her fiance have insurance or did your daughter have under or uninsured coverage on her own policy or a policy of insurance with any family member with whom she lived?
    Answer Applies to: Alabama
    Replied: 7/27/2011
    Law Offices of H. Christopher Coburn
    Law Offices of H. Christopher Coburn | H. Christopher Coburn
    Based on those facts, you shouldn't have trouble finding an attorney to commence a wrongful death claim on behalf of your granddaughter. You would likely act as guardian ad litem.
    Answer Applies to: California
    Replied: 7/27/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    So sorry to hear of your tragic loss. Your granddaughter absolutely has a right to seek monetary recovery for the death of her mother. As her grandmother, you can seek appointment as her personal representative to institute the action on your granddaughters behalf against the driver/fiance. You also have a right to seek recovery under the Florida Wrongful death statute for the death of your daughter. Your rights are independent of your granddaughter, but you could probably bring the action for both of you. I have handled several cases such as this and stand ready to assist you. I recently obtained a jury verdict in an auto accident case for my clients in the amount of $5.6 Million, one of the largest verdicts ever in the county where the case was tried (Pasco County). My contact information is provided on this website. Whether you call me or someone else, note that you have only two years from the date of the accident to bring a lawsuit under the Florida wrongful death statute. Further, you will want to take steps to preserve any relevant physical evidence including the vehicle involved in the wreck, to determine if its safety equipment may have played a role in the death of your daughter. You should speak with an attorney as soon as possible. Good luck and I hope you are successful at obtaining some compensation for yourself and your granddaughter.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Law Offices of Steven R. Kuhn & Associates
    Law Offices of Steven R. Kuhn & Associates | Steven R. Kuhn
    Did he have insurance on the car? Any assets? It seems like a case that should be pursued.
    Answer Applies to: California
    Replied: 7/27/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied.
    Answer Applies to: Illinois
    Replied: 6/26/2013
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