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Attorney 1
Attorney 1, Attorney
Category: Personal Injury Law
Satisfied Customers: 2449
Experience:  Knowledgeable and Experienced Attorney
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This last April my son was killed.He and s on again off

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This last April my son was killed.He and his on again off again girlfriend were in her vehicle driving ,arguing over whether or not he had been unfaithful and it was a very heated argument .According to her own statement to the Sheriff 's (which were the first on scene ) incident report and the corners repots she states quote in quote that my son yelled at least three times for her to stop the car and let him out, begging her to do so because he did not want to argue anymore and wanted to walk home .she states that instead of stopping that she hit the power locks preventing him from getting out of the car .He then forced the passenger door open and jumped to his death .he died of blunt force trauma to the head and brain .as a result .she also at that time when she locked the car doors sped up to well over the legal speed limit .This what she herself states.I am disabled and had barely gotten my first check when his death took place therefore due to his death I had to assume the total cost of my son's funeral which was almost $8,000 that I had one and a half weeks to come up with or the funeral home would charge me an additional $250.00 per week cold storage .I had to have car washes and barrowed from friends and family and six payday loan company's just to provide his burial expenses .I only get my SSI disability of $876.40 monthly so with my rent , phone ,car and other monthly bills I could not pay the payday loans anymore and had to move in with my parents because I couldn't pay my rent .between the six payday loans they alone totaled around $2,700.00 plus all my necessity bills which were average $625.00 a month.bot***** *****ne if she had not locked him in the car holding him against his will and had not sped up, he would be alive today and I would not be financially ruined with his burial expenses ! He was my only child and he also has a 9 year old daughter who only a month before had to also jump out if her car because she again would not stop the car and there is a police report if that incident also ! Do I have a good wrongful death case ? It probably should be a homicide case also from what I understand .the cornir ruled it a accident.please help .I can't get any closer with all this grief and working about me bills . thank you
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Attorney 1 replied 1 year ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

I'm very sorry for your loss. I can't imagine anything worse than what you must be going through. A wrongful death case would be worth pursuing from a legal perspective if you can show that the death would not have occurred absent the ex-girlfriend's actions and that the consequences sustained (the death) were the type of consequences of the type that should have been reasonably expected from those actions. If you can show those things, you have a viable cause of action for wrongful death. Note that the burden of proof for a civil action is much lower than the burden of proof beyond a reasonable doubt required in a criminal setting. All that's required in civil court is a showing of "more likely than not," (i.e., it is more likely than not that the ex-girlfriend's conduct brought about the consequences.

Expert:  Attorney 1 replied 1 year ago.

Also note that you will have to make a showing that, not only with the ex-girlfriend's conduct unreasonable, but your son acted reasonably enforcing his way out of the vehicle at a high rate of speed.

Expert:  Attorney 1 replied 1 year ago.

A good lawyer may be able to do that on your behalf.

Expert:  Attorney 1 replied 1 year ago.

I hope this helps. If you need additional information or clarification, please let me know and I will continue providing assistance. If I have addressed your concerns or pointed you in a positive direction, please remember to leave a positive rating when prompted, as that is how attorneys on this site are credited for the help we provide.

Good luck!

Best,

Attorney 1