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Mother killed in car crash

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banzai

Guest
W
hat is the name of your state? fl. Mother wa killed in car crash,headed north boud to turn east to home,car coming east crossing highway jumped in front of semi, car going east spins, semi crashes in mother,kills mother.Mother's insurance company investigated, found multiple violations to semi&faulty brakes.No booze or drugs involved.As of 2 weeks ago charges are still pending.Siblings(3) are collecting data.i.e. insurance company names,claim number.etc.What are the next prudent steps to take now?Thanks.
 


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Pfaffing85690

Guest
Siblings visit with a Personal Injury attorney as of two weeks ago.
 
B

banzai

Guest
visiting an attorney

one sib lives in another state,the other 2 in fl. 1 of the 2 in fl wishes to go it alone and not as a group.
 
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banzai

Guest
going it alone

sib 1 thinks that the other 2 sibs will settle for less and therefore she wishes to get her own attorney.
 
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Pfaffing85690

Guest
That's just peachy. Everyone can get their own attorney. Imagine the look on the insurance company attorney's face when he/she's faced with FOUR attorneys foaming at the mouth :D:D:D
 
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banzai

Guest
attorney

the brother and sister wishes to go together as a family unit.sib 2
is creating problems.better to pay for 1 than for in my opinion
 
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Pfaffing85690

Guest
there is no legal basis for your other sibling to join in your action. Those of you in agreement should hire an attorney. Let the other sibling go it alone.
 
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banzai

Guest
attorney

if judge rules x money, does it not go into an estate and the perverbial pot get divided up?
 
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Pfaffing85690

Guest
Not necessarily. Each and every sibling can sue the insurance carrier separately and win or lose separately.

However, in all likelyhood, the judge will combine the cases.

At this point, no one knows what will happen. Therefore, it's best to get on the same page with the siblings with whom you agree and get representation now.
 

stephenk

Senior Member
you cannot have separate actions. all potential heirs or claimants must be named in the suit. The defendant truck driver/company can even add the reluctant sibling to the suit via a motion. that way there is only one settlement or one judgment if the case goes to trial.
 

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