You can not sue his family for something he did.

You might ask the lawyer if you can sue his insurance company for wrongful death and all the rest. USAFisnumber1

The action to be filed is called “wrongful death.” There are attorneys who specialize in this kind of case. Since it will probably involve considerable investigation, you or your family should hire someone as soon as possible. The attorney will take this case on a contingency basis, and you will not have to pay unless there is an award or settlement. That settlement will be reduced by lawyer’s fees and costs.

Typically, the suit will be for the amount of insurance the other driver had. This could be anywhere from 20K to 300K. In many cases, your father’s insurance policy that cover “underinsured or uninsured” motorists, and this amount of coverage can be recovered in addition to the other driver’s insurance. In the event the other driver owns property, stocks, bank accounts and other assets, they could be attached over and above any amount of the insurance policy. Example, let’s say a jury awards your family 1M and the driver only had 300K in coverage. You could go after the driver’s assets for the rest. This could be discharged in bankruptcy, but if the driver is proven to be driving under the influence, it may not be.

The evidence/accident reconstruction will prove who was at fault. If what you say is true, there should not be a liability issue. The only issue would be the amount of settlement or award at trial. This would mean there would be a resolution sooner. If there are questions of liability…who was at fault…a trial on liability could take some time. And the attorney’s fees will be higher. These are things you and your family would need to discuss with the attorney, and the terms should be clearly outlined in the attorney’s retainer…contract…with you.

This can be a painful process. Obviously, you lost your dad, his ability to earn a living, the loss of his comfort and companionship…these are all things that are calculated when settlements or jury awards are calculated.

You need to get with an attorney as soon as your family is able to. You probably have at least a year to file the lawsuit. Your attorney will know what to do. But please do not try to resolve this on your own. It is too complicated, and you are way too emotionally involved to be objective.

Good luck. Toodeemo

However, since the person at fault was killed your only recourse is to sue their insurance company. Their family is not at fault. jakflak