Do I have any rights if my fiance who is a pediatrician was hit and killed by a drunk off duty officer? 22 Answers as of May 21, 2013

I would like to sue for pain and suffering. His insurance is not paying for the funeral expense; they are making my car insurance pay!

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
I can recommend some good personal injury lawyers in your area. If the officer has insurance you are limited to that amount unless he has money or assets.
Answer Applies to: New York
Replied: 11/5/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Unfortunately the answer is no. If you were married to him then the answer would be yes. But I would have you talk further with a personal injury attorney they may have a different answer.
Answer Applies to: Michigan
Replied: 10/12/2012
Leonard A. Kaanta, P.C. | Leonard A. Kaanta
No.
Answer Applies to: Michigan
Replied: 5/21/2013
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
I am sorry hear of your loss. However, since you were not a heir or relative at the time of death, it not likely that you could recover on account of her death.
Answer Applies to: Michigan
Replied: 10/11/2012
Hamblin Law Office | Sally Hamblin
You really need to speak to a personal injury attorney. If you were in the vehicle at the time of the accident or witnessed the accident, then you may have a right to sue. I am sorry for your loss.
Answer Applies to: Michigan
Replied: 10/11/2012
    Law Offices of Tanya Gendelman, P.C.
    Law Offices of Tanya Gendelman, P.C. | Tanya Gendelman, Esq.
    So sorry about your loss. You need to consult with a personal injury lawyer.
    Answer Applies to: New York
    Replied: 10/10/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    That is somewhat tricky bc you were not married. But, at the very least, her parents or next of kin or estate has a civil suit against the driver and his insurance company.
    Answer Applies to: Colorado
    Replied: 10/10/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You do not have standing (the right to be a party). However, the executor of her estate can and should sue the person who struck and killed her. The fact that he is a police officer, on or off of duty does not shield him from his responsibility and liability.
    Answer Applies to: Massachusetts
    Replied: 10/10/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Not unless you were married Only his heirs my recover.
    Answer Applies to: Nevada
    Replied: 10/10/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    You need to be in an attorneys office now. The fact of non marriage will make a claim very difficult but there may be enough to still get a cause of action standing for wrongful death. There are short statute of limitations on these claims and you should move quickly to determine if anything is possible.
    Answer Applies to: Missouri
    Replied: 10/10/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Talk to an attorney who specializes in tort/wrongful death cases. This is a forum for criminal defense questions.
    Answer Applies to: Illinois
    Replied: 10/10/2012
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Absolutely! Technically it would be your fiance's estate that would sue the officer. The proceeds of the lawsuit would then be paid to his estate, and then distributed to whomever was listed in his will.
    Answer Applies to: Missouri
    Replied: 10/10/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Unless this off-duty cop is rich, no lawyer will want your case, unless you are willing to shell out a couple hundred dollars per hour in legal fees.
    Answer Applies to: California
    Replied: 10/10/2012
    Gates' Law, PLLC | Thomas E. Gates
    You can go after the city and he personally.
    Answer Applies to: Washington
    Replied: 10/10/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    I am terribly sorry for your loss . Unfortunately you do not. His or her children, parents and siblings would but you would not if you were not married. However, her estate can sue the responsible party. He or she will have to have a Peronal Representative appointed and probate will need to be opened. There is a three-year Statute of Limitations (SOL) on this case so act expeditiously.
    Answer Applies to: Washington
    Replied: 10/10/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    No, you do not have any.
    Answer Applies to: Michigan
    Replied: 10/10/2012
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    In SC, there are so many moving parts in this matter that you should really have a sit down consultation with a local attorney as soon as possible. In General, it would depend on the at fault driver's insurance, employment, scope of employment, vehicle which the at fault driver was driving at the time and whether or not he was charged and/or convicted of anything in relation to the incident. These are just a few of the factors that would need to be discussed in detail with an attorney. You should contact a local attorney as soon as possible to discuss these matters with you in person.
    Answer Applies to: South Carolina
    Replied: 10/10/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    You're NOT a family member so chances are very slim.
    Answer Applies to: Michigan
    Replied: 10/10/2012
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You could have a large law suit - for pain and suffering and pre-death fear. I am a former federal and State prosecutor and now handle these cases. Feel free to contact me.
    Answer Applies to: New York
    Replied: 10/10/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer. This is also a civil case. You should consult a civil attorney and disclose all the facts and circumstances.
    Answer Applies to: New York
    Replied: 10/10/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Not likely to have any rights, unless you were in the car when it happened.
    Answer Applies to: Nebraska
    Replied: 10/10/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You have plenty of rights. None of which you know about, so you need to retain the right attorney.
    Answer Applies to: Georgia
    Replied: 10/10/2012
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