How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your Legal Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

My father in law was killed in a head on collision with a semi.

Customer Question

My father in law was killed in a head on collision with a semi. His wife (of 5 years), her brother hired an attorney within days of accident. This firm is in another state and we were not part of selection process or anything. Since then, nothing has happened,we get no answers, no updates.this driver admitted guilt yet we can't find out what happened to him. We feel we are being kept out of things. My question is can we have separate representation? Dad was only married to this lady for 5 years, yet we feel like we have little say in things.the accident happened in another state. I also feel like money may be motivating them but why is it taking so long? We are now interested in getting our own lawyer because we are not feeling like we are wanted on their end. Can we take ourselves off of that lawyer and get our own and if so do we have to include them in ours? And if , say we get a settlement first, cash they sue us for a portion?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, I am very sorry to learn of your father's death. I would encourage you to get a consultation with a personal injury attorney to get a better idea of your position with regard to this situation, but I am not optimistic at your options for recovery. Despite the fact that your father was only married for 5 years, his wife is still going to be entitled to prosecute the wrongful death action on behalf of the estate. It is possible that you could get an attorney to act on your behalf as an heir to the estate (this gets very complicated as there are issues of interests in the estate (if he had a will, a trust, or if his estate is passing through intestate succession, was there a probate case opened, etc.).But I would recommend speaking with a local attorney to follow up - at this point the statute of limitations would likely have passed to open a separate action, but there are possibilities to plead into the case on an "interpleader" or similar motion, but please be aware that after 5 years, this is not going to be a simple or straightforward matter). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment). You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Related Legal Questions