Our daughter was recently struck and killed while biking in New Hampshire. The accident was investigated by the chief of a one-man police force. No blood evidence was taken at the time of the accident due to the fact that she had a heart beat. She was kept alive by emt's and later by trauma center personnel. Efforts failed and she died 2 hours later. Still no blood evidence was taken from the driver. Before any further evidence is lost, we, her parents, want to know what our options are. We've looked into hiring a law firm for a wrongful death claim. Her husband understands our need-to-know regarding our daughter, but does not want to participate in any way. We want ONLY to know: 1. what happened, and if the man is at fault, and is covered by insurance, and 2. we want compensation for our 3 yr. old granddaughter. (Loss of future wages, as our daughter was the main wage earner.)Any answers you could give us would be greatly appreciated.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.Someone will have to take the death certificate to the probate court and file to be the executor of her estate. That person will have the legal authority to retain a wrongful death attorney and file suit against the driver. I cannot speak as to the investigation, that is something that the attorney will have to look into. The other party may or may not have been at fault. However, his insurance company may offer a settlement either way. Her spouse and child will be the beneficiaries of her estate. I am very sorry for your loss in this tragic accident and best wishes to you and your grandchild. If you have a specific question I will try to assist.
Dear lapat,Thank you for the very quick response. We're not sure if our son-in-law has filed to be the executor of our daughters affairs. We know he's dealt with the SS to receive benefits for our granddaughter and has looked into her life insurance policy, as well he should. We know he's ready to accept that what happened was "an act of fate", so if he is the executor it looks as though our hands are tied. Is this the case????
That is correct He is the only one with the legal authority to file suit.
Dear lwpat,So as her parents, we have NO legal rights at all other than paying for her funeral???
That is correct unless you are named the executor. You are entitled to file a claim against her estate for the funeral expenses. I know it seems harsh but that is the law. Sorry.
Thank you very much for all your assistance. It's saved us a great deal of time and effort in pursuing this matter. We won't go after funeral expenses, since it would mean our daughter would have paid for her own funeral. Your services were extremely helpful. Thank You .
You are most welcome.
Is filing for administrator of an estate the same as filing for executor of an estate??
Yes, it is the exact same thing.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).