Untimely Death of Son

[Wyatt314]

Six months ago my son was killed in an autombile accident. He left a wife and two small chiildren. His wife was appointed fiduciary of his estate. It appears he left an abundance of debt behind with no assets to cover these debts.

My question refers to suing the automobile manufacturer, BMW, in view that the safety air bags did not deploy and could have possibly saved his life. As parents can we sue BMW on our own, for our loss as parents. without the fiduciary or estate involved? Nothing can ever replace my son's life but I believe there was some faulty design in this vehicle and we as parent would like to go ahead and pursue this litigation without his wife or the estate getting involved.

Is this legal? Do attorneys typically take this type of litigation on a contingency type of billing? If his wife is suing BMW simultaneously, is it counter productive for us take up our own law suit with a different attorney, etc. We just are exasperated with the follow up of his widow. This accident occured in the state of CONNECTICUT.

Thanks Very Much For Your Help!

 

[seniorjudge]

Six months ago my son was killed in an autombile accident. He left a wife and two small chiildren. His wife was appointed fiduciary of his estate. It appears he left an abundance of debt behind with no assets to cover these debts.

My question refers to suing the automobile manufacturer, BMW, in view that the safety air bags did not deploy and could have possibly saved his life. As parents can we sue BMW on our own, for our loss as parents. without the fiduciary or estate involved? Nothing can ever replace my son's life but I believe there was some faulty design in this vehicle and we as parent would like to go ahead and pursue this litigation without his wife or the estate getting involved.

Is this legal? Do attorneys typically take this type of litigation on a contingency type of billing? If his wife is suing BMW simultaneously, is it counter productive for us take up our own law suit with a different attorney, etc. We just are exasperated with the follow up of his widow. This accident occured in the state of CONNECTICUT.

Thanks Very Much For Your Help!

If you want to start a lawsuit, it will have to be all y'all....No court is going to want to deal with y'all (as parents) and then deal with the kids and widow over the same issues.

It's called judicial economy.

You can have your own attorney, but both attorneys (yours and the widow's) will have to work together.

 

[racer72]

The issue of airbags (Supplemental Restraint System) has been addressed many times in these forums. No manufacturer guarantees the SRS to work in every accident or situation. The owner's manual of every new car spells this out and as of yet, no company has been successfully sued over this issue. Talk to a local attorney about the options but don't be surprised when you are told you don't have a case.