wrongful death?

[Waldo]

Could someone offer some advice for a friend of mine going through a horrible tragedy. Her fiance was killed in an accident= he was attempting to pass a slow moving tractor, driven by a hired farm hand, when the accident occurred. They have a new born baby together. He supported them so she was able to stay home with the baby. She now has no source of income, no job experience or skills. He had no life insurance. Any advice is appreciated.

 

[lisa l]

Find a lawyer right away. Each states law are different - most states allow the infant to bring a wrongful death action, but the mother, not being married, may not have the right to bring a claim. Instead of guessing, find a lawyer rigth away.

 

[Vlathan]

Hello,

I'm truly sorry to hear about the tragic accident your friend's fiance had and her plight as a result of it. I read the advice the previous responder provided, and while I find some of the suggestions practical, I think the reason you're posting your question on a legal message board is because you were seeking some information about what legal resources may be available to her.

Since your friend is the mother of the decendant's minor child, I suggest she consult an attorney. Most attorneys will at least give her an initial consultation at no cost. She might ask a friend to recommend an attorney who they have worked with successfully. However, if she can't get any recommendations, try searching the attorney pages of this site to find an attorney in her geographical area who specializes in her type of case.

Sounds like your friend has a hard road to travel. I wish her the best.

Virginia Lathan
------------------
Virginia A. Lathan

[This message has been edited by m martin (edited August 03, 2000).]

 

[Snidely]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Waldo:

Could someone offer some advice for a friend of mine going through a horrible tragedy. Her fiance was killed in an accident= he was attempting to pass a slow moving tractor, driven by a hired farm hand, when the accident occurred. They have a new born baby together. He supported them so she was able to stay home with the baby. She now has no source of income, no job experience or skills. He had no life insurance. Any advice is appreciated.<HR></BLOCKQUOTE>

Hi Waldo,

First off, there's nothing so disturbing and heartbreaking as children who are left behind in cases of parental death. I am sorry to hear of you and your friends/baby devastating loss. My heart goes out to all of you.

I felt compelled to write because I can relate to your desire to help in any way you can. So I do have a suggestion that may be of some positive light in your friends loss.

I have 2 friends who recently lost their mates to accidents leaving surviving young children behind. In both cases, my friend's were actually ex-spouses of the men who passed on. Between the 2 friends, 4 children were left behind by their Daddy's.

In BOTH cases, they are receiving the Social Security benefits their fathers had accumulated by way of those hefty federal tax deductions that are taken out of our paychecks every payday...you know the ones. Each child recieves an amount in Social Security Benefits, in monthly payments. I believe they will continue to receive benefits until they reach the age of 18.
Since you say he was supporting the 2 of them...he must have been working a "regular" steady job, with that comes TAXES! So, definately tell your friend, RUN!, DON'T walk to the nearest regional SSA offices.

For more immediate information and a downloadable manual on how to apply for Survivor Benefits.........

GOTO: http://www.ssa.gov

BTW, your friend shouldn't sit on this (tho I know it's hard to find the motivation), she needs to go to her regional SSA office as soon as possible to start the proccess. Benefits are not retroactive and it takes a while before a first check comes through. Maybe you could even take her?? She will need a friend like you,,,,, like never before, trust me...I know.

All the best to you,

Snidely

 

[Snidely]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Waldo:

Could someone offer some advice for a friend of mine going through a horrible tragedy. Her fiance was killed in an accident= he was attempting to pass a slow moving tractor, driven by a hired farm hand, when the accident occurred. They have a new born baby together. He supported them so she was able to stay home with the baby. She now has no source of income, no job experience or skills. He had no life insurance. Any advice is appreciated.<HR></BLOCKQUOTE>

Hi Waldo,

First off, there's nothing so disturbing and heartbreaking as children who are left behind in cases of parental death. I am sorry to hear of you and your friends/baby devastating loss. My heart goes out to all of you.

I felt compelled to write because I can relate to your desire to help in any way you can. So I do have a suggestion that may be of some positive light in your friends loss.

I have 2 friends who recently lost their mates to accidents leaving surviving young children behind. In both cases, my friend's were actually ex-spouses of the men who passed on. Between the 2 friends, 4 children were left behind by their Daddy's.

In BOTH cases, they are receiving the Social Security benefits their fathers had accumulated by way of those hefty federal tax deductions that are taken out of our paychecks every payday...you know the ones. Each child recieves an amount in Social Security Benefits, in monthly payments. I believe they will continue to receive benefits until they reach the age of 18.
Since you say he was supporting the 2 of them...he must have been working a "regular" steady job, with that comes TAXES! So, definately tell your friend, RUN!, DON'T walk to the nearest regional SSA offices.

For more immediate information and a downloadable manual on how to apply for Survivor Benefits.........

GOTO: http://www.ssa.gov

BTW, your friend shouldn't sit on this (tho I know it's hard to find the motivation), she needs to go to her regional SSA office as soon as possible to start the proccess. Benefits are not retroactive and it takes a while before a first check comes through. Maybe you could even take her?? She will need a friend like you,,,,, like never before, trust me...I know.

All the best to you,

Snidely

 

[The Legal Shoppe]

Waldo:

Why does your friend need a lawyer to make a wrongful death claim on behalf of the child? Have your friend contact the responsible party, determine their insurance company, and make the claim directly to the insurance company. Ask the insurance company for the policy limits of their insured. They will readily give this information if the policy limits are minimal or insufficient to cover the claim. If liability is disputed, or if the offer of the insurance company is inadequate, then your friend can hire an attorney to pursue the claim. Then your friend should only pay the lawyer a percentage of the amount over and above the amount offered to her before she hired the lawyer.

Get back to us with the results or if you or she has further questions.

 

[court watcher]

A wrongful death case has too much at risk to be handled without a lawyer. Find a lawyer who is trusted. I know many who have handled wrongful death cases and upon learning of small policies, got their clients the money and did not charge a fee. Don't try to handle this on your own - don't try to settle and then hire a lawyer based on a settlement offer. Don't screw youself like that.


By the way, if you look past this post to the next one, you see that Legal Shoppe is trolling for business.