Legal Question in Personal Injury in South Carolina

daughter married aug.11,2001 killed in wreck aug.13,2001

My daughter was married on aug.11,2001. She was in a car wreck which killed her. Her husband was not driving my daughter was in car with a friend.

friend not charged but the hosptial did not catch everything. question is her husband wants to sue after only 40 hrs of marriage and i cant seem to get any answers about anything, they say i have to go through him. he doesnt seem to want to tell me anything because he wants all the money, all i want are some answers.what can i do? the accident was on aug.13,2001


Asked on 9/25/01, 7:48 pm

2 Answers from Attorneys

John C. Talpos Talpos & Arnold

Re: daughter married aug.11,2001 killed in wreck aug.13,2001

First, let me express my condolences over the death of your daughter. I have a daughter 25 and can only begin to understand the feelings you must be having.

Second, you should contact an attorney as soon as possible. You, as a parent of the deceased, have certain rights including participating in discussions involving the legal ramifications of your child's death. Ultimately a probate estate may be opened at which time a personal Representative will be appointed to decide whether to pursue a legal action. Your son-in-law has a priority as the surviving spouse to be named to that position. You are also entitled to be represented in the Probate Court.

Third, you will have a say in the final determination of whether to file, settle, or try any law suit that is considered. However, keep in mind that the final decision on these issues will be made by the Personal Representative. Please call me if you need further information John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 11/06/01, 10:41 pm

Re: daughter married aug.11,2001 killed in wreck aug.13,2001

To Whom It May Concern:

This is in response to your email of September 25, 2001, which this office received on November 6, 2001.

Under Michigan�s Wrongful Death Act and Michigan Case Law, your deceased daughter�s husband is obligated to keep you advised as an �interested party� in your daughter�s estate. However, you may need to hire an attorney to assist you and protect your rights.

Sincerely,

Charles L. Nichols

(313) 561-5700

[email protected]

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Answered on 11/13/01, 3:26 pm


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