claim against driver who killed my brother , both had been drinking.

[mama_gem]

What is the name of your state? my state is n.y.
the accident happened in florida. my brother was crossing a 6 lane highway with another individual when he was hit by an oncoming van and then hit again by another driver who fled the scene. my brother was pronounced dead at the scene. my question is can a family member sue the drivers insurance co. for funeral expenses, pain and suffering endured by the family and to set-up some kind of a trust fund for his 16yr old son he left behind in n.y.. the insurance company representing the first driver has already contacted me and is pressuring me to take a $10,000.00 check. they say this is an automatic benefit given to the family in an accidental death involving their company. please advice me as to what i should do. i should also mention that my mother is deceased and my father is in critical condition in a local hospital. i was the only family member that my brother ever stayed in contact with and my name and address was found in his wallet at the accident scene. will there be any legal action i can take against the second driver if they ever locate and prosecute him or her?

 

[stephenk]

first go seek a consulation with a personal injury attorney. dont sign anything or accept anything from the other driver's insurance company before you go to the attorney consultation.

there are too many issues to cover on the case and this forum is not the place to set up your dead brother's estate case agains the other driver.

 

[zappy]

If you brother was guilty of crossing a six lane highway Illegally....and while drinking

I wouldn't give you a DIME.....he killed himself so he should take responsibilty for his own death, And anyone that offers you $10,000 is stupid, so take the money and shut up.


Now if he was legally crossing the road and was SOBER, now that's very different.