Who is to be compensated after a 28-year old married girl died in a car wreck? 42 Answers as of November 01, 2012

He crossed the centerline and hit her head on. She has two kids.

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
The answer to your question depends, in part, whether the woman died immediately or whether she died sometime after the wreck. If she died somewhere after the wreck then her estate would be entitled to money for medical and funeral expenses. In addition, if she had any conscious pain and suffering before her death that money would go to the estate as well. Monies in the estate would be paid to the medical providers and for the funeral expenses. The money for the pain and suffering would be distributed according to the woman's will, if she had one, or according to Nebraska law. It likely would go to her husband although without knowing more about her estate and assets I cannot say this for certain. Second, there is a "wrongful death" that is outside of the estate and brought on behalf of "the widow or widower and next of kin." Next of kin, in the case you describe, would be her children. The damages for a wrongful death claim is the "pecuniary loss" suffered by the widow/widower and children. Minor children can make a claim for the loss of the society, comfort, and companionship due to the death of their mother. Pecuniary loss is the financial loss that the family has suffered from the death of a family member. There is a wrongful death claim regardless of whether she died instantly or sometime after the accident. Although your question only asks who is to receive money I cannot tell you what the case is worth without a lot more information. You should consider speaking with an attorney to discuss the case and get more information. Most attorneys that handle wrongful death cases offer a free consultation so it will not cost you anything to learn more. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answer Applies to: Nebraska
Replied: 11/1/2012
Brown & Brown | Lee Brown
Surviving spouse and children.
Answer Applies to: California
Replied: 10/23/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Her estate which would mean her 2 kids and husband if she had one. You need a lawyer to walk you through the swamp.
Answer Applies to: North Carolina
Replied: 10/23/2012
Beaver Holt Sternlicht and Courie, P.A.
Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
The administrator of her estate is the proper person to make the claim. The surviving husband and children will share the amount received.
Answer Applies to: North Carolina
Replied: 10/23/2012
Downriver Injury and Auto Law | Michael Heilmann
This is controlled by the wrongful death statute in your jurisdiction. In general husband and children would take.
Answer Applies to: Michigan
Replied: 10/23/2012
    Burton Guidry
    Burton Guidry | Burton P. Guidry
    The law of wrongful death in Louisiana has a set up as to who receives damages in that situation. And, each class excludes all others. If there are children, they exclude all others. Then if there are parents, they would exclude, then if no parents the siblings (brothers and sisters) would exclude. There is a separate cause of action for the husband which includes loss of consortium, and loss of wages which would have been community property. SEEK A GOOD PERSONAL INJURY LAWYER AS SOON AS POSSIBLE. You only have one year from the accident to file suit.
    Answer Applies to: Louisiana
    Replied: 10/23/2012
    Lewis B. Kaplan | Lewis B. Kaplan
    In Illinois the Administrator of the Estate can recover damages for the widower and children pursuant to the Illinois Wrongful Death Act. Damages now include grief and sorrow of the next of kin. That was not true before 2007. There also may be other claims. For example if deceased survived even for a short period of time there is a potential claim for conscious pain and suffering of the deceased.
    Answer Applies to: Illinois
    Replied: 10/23/2012
    Sedin Begakis & Bish | Mindy Bish
    The heirs are the ones who have a right to recovery which would be her husband and her children. If she provided support to siblings then they may have a claim.
    Answer Applies to: California
    Replied: 10/23/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    I am so very sorry to hear about this accident and the loss of your loved one. It depends upon the state where you are wishing to bring a claim, but generally her husband would be the person who has standing to bring a wrongful death claim and seek compensation for the loss of his wife. Her children also have a claim for her loss as well. I would strongly suggest you contact an attorney in your area who specializes in personal injury law. He or she will be able to hear all the facts of this case and help you determine what the legal options might be. Most personal injury attorneys offer free first time consultations. Good luck to you.
    Answer Applies to: Arizona
    Replied: 10/23/2012
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    Since she was married, her widower and her 2 children would be entitled to compensation. Since the children were, from the fact she is only 28, minors I assume they lived with her. If they did not, that could raise some other issues. Both the husband and the current guardian of the children (if it is not the husband) should contact an attorney or attorneys to discuss their claim for wrongful death.
    Answer Applies to: California
    Replied: 10/23/2012
    Gilbert & Bourke, LLP | Brian J. Bourke
    Her husband and children could bring a wrongful death claim against the responsible driver.
    Answer Applies to: California
    Replied: 10/23/2012
    Pingelton Law Firm | Dan Pingelton
    Her family, based on a state statute. Contact an attorney ASAP.
    Answer Applies to: Missouri
    Replied: 10/23/2012
    Richard E. Damon, PC | Richard E. Damon
    The children's guardian. Some relative has to apply to the court to be appointed guardian ad litem and sue on behalf of the children.
    Answer Applies to: California
    Replied: 10/23/2012
    Hirsch, Closson, McMillan & Schroeder, APLC
    Hirsch, Closson, McMillan & Schroeder, APLC | Paul Schroeder
    Her children, husband and other close family members (parents, brothers, sisters) have a cause of action for wrongful death against the driver who hit her.
    Answer Applies to: California
    Replied: 10/23/2012
    Gates' Law, PLLC | Thomas E. Gates
    Her estate will be compensated. Assuming no husband, the money would go to the kids under a guardianship.
    Answer Applies to: Washington
    Replied: 10/23/2012
    The Smalley Law Firm, LLC | Cary Smalley
    The compensation would like go to her estate and pass to her heirs. I suggest you consult with an attorney to discuss the specific details of the situation and to ensure the best possible settlement outcome.
    Answer Applies to: Kansas
    Replied: 10/23/2012
    Jules D'Alessandro | Jules D'Alessandro
    Her estate has a cause of action and each of her two children have a separate cause of action for loss of parental consortium. If she was married and had no will, her surviving spouse is entitled to one half of the estate and her children will receive the other half of the state. Wrongful death and probate are complicated issues. If you do not have a lawyer, you need to get one. Feel free to contact me.
    Answer Applies to: Rhode Island
    Replied: 10/23/2012
    THRULAW PERSONAL INJURY FIRM | P.J. Javaheri
    The Estate has a claim. There could also possibly be a loss of consortium claim by the surviving biological children and spouse. You should consult a personal injury lawyer to get a complete evaluation.
    Answer Applies to: California
    Replied: 10/23/2012
    Law Offices of Frank M. Nunes, Inc.
    Law Offices of Frank M. Nunes, Inc. | Frank M. Nunes
    The person whose acts or failure to act are responsible for compensating these poor children who lost their mother. If the at fault party has insurance, the insurance company will pay money for the harm caused by the accident. If the at fault driver does not have insurance, there may be other sources of insurance money to help out this family.
    Answer Applies to: California
    Replied: 10/23/2012
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    The husband and children are appropriate parties in a wrongful death suit per California Code of Civil Procedure.
    Answer Applies to: California
    Replied: 10/23/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    The estate gets compensated and it is divided as other items. If there is a will it goes per her wishes. Otherwise the probate court will follow intestate law.
    Answer Applies to: Connecticut
    Replied: 10/23/2012
    Stephen A Harry, P.C. | Stephen A Harry
    All the heirs in the estate have a claim if there is a wrongful death lawsuit. Several questions need to be address to ensure proper claim and payments are made. Generally a Court Order will be needed. I can show you how the system works and the time it takes to cover all possible claims and insurance policies.
    Answer Applies to: Oklahoma
    Replied: 10/23/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Assuming no husband, the kids. If husband, the husband and kids. Order of priority is set in the Estates Power and Trust Law and Surrogates Court Procedure Act. Good luck.
    Answer Applies to: New York
    Replied: 10/23/2012
    Langer & Langer
    Langer & Langer | Jon Schmoll
    The Indiana wrongful death act allows a law suit for the benefit of the husband and the two children. The statute of limitations is two years from the date of death.
    Answer Applies to: Indiana
    Replied: 10/23/2012
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    The cause of action for her wrongful death belongs to her spouse. Her estate has a claim for her pain and suffering before death.
    Answer Applies to: Georgia
    Replied: 10/23/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    The estate laws in each state determine who inherits. Probably husband and two children.
    Answer Applies to: Alabama
    Replied: 10/23/2012
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    Many factors are involved in compensating for auto accidents. The driver of the car that struck the girl, the owner of the car, the State if the conditions of the road contributed to the accident. Sometimes there is no one responsible and no one will pay. If you are the representative of the girl 's family you MUST talk to a lawyer immediately.
    Answer Applies to: California
    Replied: 10/23/2012
    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: 10/19/2012
    Tomalas Law Firm
    Tomalas Law Firm | Ryan Tomalas
    While more facts would of course bee needed, it is likely that as a result of this tragedy claims could be made on behalf of the victim's husband and both of her children against the at-fault party (likely their liability insurance carrier) and/or potentially under this person's own uninsured motorist coverage.
    Answer Applies to: California
    Replied: 10/23/2012
    Blaske & Blaske, P.L.C.
    Blaske & Blaske, P.L.C. | John F. Turck IV
    Her estate, although the Wrongful Death Act allows her next of kin to make claims for what is referred to as a loss of society and companionship, as a result of her death. Her husband should immediately contact an attorney, particularly because any insurance carrier will likely try to contact him and make some lowball offer in hopes of making the claim go away for a minimum amount of money.
    Answer Applies to: Michigan
    Replied: 10/23/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    The kids and the takers under the wrongful death statute. You should contact my office immediately.
    Answer Applies to: Michigan
    Replied: 10/19/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    The children, the spouse and the estate of the decedent have a cause of action for wrongful death.
    Answer Applies to: Nevada
    Replied: 10/19/2012
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    I am so sorry to read about this tragic loss. In Oregon the beneficiaries are the spouse, kids and deceased's parents. The family should hire a wrongful death attorney right away so that they can help guide them through a difficult process.
    Answer Applies to: Oregon
    Replied: 10/22/2012
    Cleveland & Metz
    Cleveland & Metz | Charles Cleveland
    Please remove me from this e-mail list
    Answer Applies to: California
    Replied: 10/19/2012
    Bozich & Korn | Joseph A. Korn
    The first step would be to determine who should be appointed as special administrator of her estate.? That person would then become the Plaintiff in any lawsuit that is filed, but additional family members can file either as part of that suit, or their own suits to recover for damages they suffered due to her loss.? Such things as loss of society for children, among other things.
    Answer Applies to: Illinois
    Replied: 10/19/2012
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