Legal Question in Civil Litigation in Ohio

Car accident results in son's death

My son was killed in a car accident in January. My exwife was driving. I received a letter from his wife's attorney telling me that my ex's insurance is paying out $100,000. I have been asked to sign a paper giving up any claim to this money. I don't understand why the insurance co. did not contact me to let me know about this. I lost my son and I know that no amount of money can ever replace him. I would like to split this money with my son's wife. I also heard that there is more than just the $100'000. I need advice as soon as possible. I don't know if there is a time limit to respond to the letter. Also my ex wife was found at fault in the accident. Can I sue her estate for wrongful death of my son?

Asked on 3/20/07, 5:12 pm

3 Answers from Attorneys

Willard Hanner Hanner Law Firm

Re: Car accident results in son's death

The law requires that a civil action for wrongful death be brought in the name of the personal representative of the decedent for the benefit of the surviving spouse, the children, and the parents of the decedent, all of whom are rebuttably presumed to have suffered damages by reason of the wrongful death. So, yes, you are presumed to have suffered damages as a result of your son's death and do not need to sign any paper relinquishing your right to such damages. The amount that you may be entitled to depends upon all of the facts and circumstances of the case. You really need some legal representation. Where are you located? Perhaps I could be of service.

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Answered on 3/20/07, 6:14 pm
Michael Brandabur Brandabur Law, LLC

Re: Car accident results in son's death

You may be relinquishing your rights to other sources of recovery by signing the document. Also, you likely have a case against your ex wife, and may be able to recover damages in excess of her insurance policy. There is a lot more in the way of information that is needed to provide a better answer. I would strongly urge you seek the advice of an attorney knowledgeable in this area of law. Please contact me if you'd like to discuss further.

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Answered on 3/20/07, 8:04 pm
Mark Chuparkoff Chuparkoff & Chuparkoff

Re: Car accident results in son's death

Call a lawyer. It will save you time and heartache in the future.

Depending on the circumstances, more money may be available. Also, you may be entitled to it. Keep in mind that for all good news, there may be some bad news. Either way, you should contact someone to help you.

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Answered on 3/21/07, 7:23 am

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