My father was struck crossing a major street and died "on impact" by an Uber Eats driver.
Also he was married to a women overseas who has never been here. If a lawsuit happens and awarded would she (next of kin) automatically be awarded the settlement?
Please advise what kind of lawyer is needed.
6 attorney answers
First sorry for your loss. The heirs will benefit from hiring a personal injury lawyer. Those of us that do these types of cases offer a free consultation. You should take advantage of that be directly contacting the lawyer of your choice.
I am sorry to hear of your father's death. I hope you find peace quickly.
The answer to your first question is "yes". The full picture will be considered. Jay-walking will be one of the factors but will not be the only factor.
As to who gets any money... The wife would be first in line. There are statutes in every state that control who is entitled to any money in a wrongful death claim. ALL circumstances and details need to be explored to get a definitive answer.
An attorney that handles wrongful death cases is who you want.
Top Contributor 2021
Top Contributor 2020
Top Contributor 2019
Top Contributor 2018
Top Contributor 2017
Top Contributor 2016
Yes there is a case. Yes, the wife has to be a plaintiff, but you also have a claim. There may be substantial comparative fault for jay-walking. It depends on the facts. Any attorney would have to at least read the police report to give you an idea of what you may be facing.
Nothing herein guarantees, warranties, or predicts the result of any future legal representation. No attorney-client relationship is formed without my consent expressed in a written retainer agreement.
Top Contributor 2018
Top Contributor 2014
Top Contributor 2013
Top Contributor 2012
The quick answers are yes and no. Your father may have some comparative fault which could reduce the full value of the case. However there are many factors to take into consideration such as the insurance limits of the at fault party, the relationship with the individual heirs, financial support being provided by father to the heirs, etc... The wife (assuming this is a legal marriage) has standing to benefit from any settlement, but it is not automatic. If a lawsuit is instituted then the wife would need to be included as a nominal defendant. Wrongful death matters are NOT normal personal injury cases and not all lawyers are competent nor experienced in these cases. I recommend you look to hire an attorney ASAP and be sure the lawyer you chose is experienced in wrongful death matters. I wish you the best.
I am sorry for your loss. I have handles many of these types of cases and I've seen firsthand how unbearable this can be. You should 100% seek the advice of an attorney that handles wrongful death cases. Good luck and I'm sorry.
there are many details that have to be investigated and evaluated. Calif has comparative fault, which means a jury can decide now much % of fault your father was due to jay walking, not paying attention, etc. However he is not automatically 100% at fault just for jaywalking. You dont get to run over a pedestrian w/o consequences just because he is jay walking.
All parties with standing to make a death claim have to participate in one way or another. (settlement or trial). The wife has standing to make such a claim. How strong a claim it is depends upon many factors such as the closeness of the relationship with your father and if he was providing financial support. It is going to be harder and more involved to resolve this case if the wife is not cooperative.
Contact a wrongful death lawyer.
The answer is intended as general information, and not to be acted upon without consultation directly with attorney. It is advised that you consult another lawyer in person to review all details. This is especially true for legal issues outside the State of California. This answer does not create a lawyer client relationship.
Sign up to receive a 3-part series of useful information and advice about personal injury law.