Can a parent of a married adult child pursue a wrongful death claim?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a parent of a married adult child pursue a wrongful death claim?
My son was recently killed in an auto accident. He was the passenger; the driver of the vehicle failed to yield. My son was married 3 years ago and his wife has a lawfirm working for her. I want to know if I, as well as my ex-wife and our other 2 children, have a case? Can we sue even though he was married?
Asked on August 24, 2013 under Personal Injury, Florida
Answers:
Robert Slim / Robert C. Slim - Attorney at Law
Answered 11 years ago | Contributor
If this case arose in Texas, then Texas law does permit such a claim. I recently handled a case just like this. Did the deceased have any children? You should contact a Texas personal injury lawyer so that all the facts can be carefully analyzed. You need to call someone right away since the surviving spouse is pursuing her claim and might try to collect all the available insurance benefits. (214) 321-8225.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Those who may sue as a "survivor" under the FL Wrongful Death Act for are limited to the following:
- the decedent’s spouse;
- the decedent’s children born of a marriage;
- a decedent mother’s children born out of wedlock;
- a decedent father’s children born out of wedlock if the father, prior to his death, recognized a responsibility for the child’s support;
- the decedent’s parents;
- any blood relatives partly or wholly dependent on the decedent for support or services;
- any adoptive brothers and sisters partly or wholly dependent on the decedent for support or services.
Therefore, based on the above, it appears that as his parents, you and your ex-wife could in fact sue for your son's wrongful death. However, unless his sisters were dependent on him, they could not.
Additionally, what you can sue for my be somewhat less than what his wife is entitled to.
Finally, you must bring suit within the prescribed period of time or lose your rights to sue. This time period is known as the "statute of limitations" and in most states it generally runs from 2-3 years in such a case.
The fact is that all of this can get rather complicated, so you should at least consult with a personal injury attorney in the area of where the accident occured. They can best advise you as to your rights and remedies.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.