fruitsoflabor said:
My stepfather was killed in an by a car on Friday. He had been walking on the highway. He has been separated from my mother for many years. The driver of the vehicle did stop and was there when the police arrived to make a report. NYS law requires that you have no-fault insurance, so I imagine that the driver had this. My mother needs to know whether she needs to have an attorney to deal with the insurance company, or if this is such a clear cut case that she really doesn't require one.
Thanks
My response:
My condolences to you and your mother. Despite the separation, I'm sure this is not easy for any of you, and you need to go through a grieving process.
Since you and your mother are presumed to be in no particular condition at this point in time to handle matters on your own, it would be a wise decision to have an attorney handle this matter.
Since the incident just happened, you're going to need to wait for all the various written reports to be completed. This will enable you, and your attorney, to determine what happened, and if there is any fault involved.
Your attorney can gather up all of the reports, review them, and make a determination with you as to whether a "wrongful death" claim can be made.
Again, my sincere condolences to you and yours.
IAAL
