Lawsuit against father in death of mother

[Chubroach]

Here is an interesting question related to a tragic situation:

A few months ago both of my parents were killed in a multi vehicle accident on a county road. My father was driving and my mother was on the passenger seat. Both were killed instantly when a semi truck hit the car going 60 MPH.

Now after a significant investigation, it was determined that my father was 100% at fault in the accident for driving through a stop sign right into the path of the semi truck. A personal injury attorney has contacted us and has told us we have a case for the wrongful death of my mother. He would take the case for one third of the settlement. If he loses and there is no settlement, we would pay nothing. Basically we would indirectly sue my father (who is deceased) for being at fault in the accident. His insurance company would then pay the settlement based on the fact that my mother, who died in the accident, was an innocent THIRD PARTY. She has no control over my fathers bad driving that day as a passenger of the car.

The attorney's argument in the case is this is a legal and moral lawsuit because if someone other than my mother (maybe a friend or next door neighbor) was in the car in the passenger seat and was killed in the accident, their personal representative/family would sue my father's estate and the insurance company for wrongful death, why should it be any different for my mother? Either passenger would be an innocent third party.

What do you think?

 

[Hillbeans]

OUCH - you'd better don your flame retardant suit.

I say it's morally questionable...and let the dead lie in peace. I'd never ever do that...for any amount of money. This attorney sounds like a scumbag as well.

 

[EsmeraldaX]

I think, if it will make you feel better, you should do it. Just be prepared that they are going to say some pretty bad things about your late father in court. If you are prepared to handle that, both morally and emotionally, go for it.

It's a tough call.

 

[gymnasticsmom68]

Originally posted by Hillbeans
This attorney sounds like a scumbag as well.

I'd say so. Ambulance chaser.

 

[jkovick]

I think that is awful. That attorney is low in my book. What would be the gain in suing? Money for the lawyer I guess.

What would your parents say if they were alive? I think that would put a horrible spin on an already tragic event.

Beyond horrible!

 

[Bumbles]

the whole thing reeks to me

JMHO

 

[MinnieMe2]

I'm terribly sorry for your losses. I know lawyers do this kind of thing all the time, but to me it's morally unethical. I wonder if it's even legal.

I could simply never, ever do as this man is suggesting. He does, indeed, sound like the worst scumbag......

 

[piglet too]

Sounds to me like the lawyer is looking to collect some money. What would your parents have done in a similar situation? I think that is what you need to look at to help you with your decision. I for one know that if it was my parents, they would understand.

 

[spagheddie]

First of all, I'm very sorry for your loss. While you seem to be within your right to do that, my gut reaction is that it just doesn't feel right to do.

It's not really frivolous because your mom died, but I wonder if your dad survived would you do the same thing and sue. My guess probably not, though I don't know how common this is. The fact that a lawyer contacted you leads me to believe that suing a deceased family member might not be that uncommon.

This is a toughie. My first opinion is to say that it'd be wrong. But I reserve the right to change my mind if there are other compelling arguments.

 

[Hillbeans]

Correct me if i'm wrong, but if your dad was at fault, couldn't the driver of the semi sue?

Also, if I recall your previous post, you got a very very large amount of cash from a life insurance policy, so it sounds like you don't need the money/aggravation.

 

[Chubroach]

My father was the type that would use any vehicle at his disposal to get access to any money available. My mother would approve trying to get money from the insurance company also.

What if they were injured in the accident and spent thousands in medical bills (out of insurance funds) before they died?

Keep your candid opinions coming!

 

[4cruisin]

After reading the facts as you present them, I personally would not sue your deceased father for wrongful death. What would you gain besides more $$$ and smearing your father who is not around to defend himself? I assume that you have/are already inherited the proceeds from your parent's estate. I would have a hard time suing my deceased father but that is just my opinion.

 

[Beth76]

Are you considering this, or are you just asking what we think about the situation? I think this lawyer is trying to get money. No, I KNOW that's what he's doing. I highly doubt he has your "best interests" in mind. He's doing this for himself. I wouldn't do it and would never consider it, even if it was someone other than my father. It was an accident. Even accidents are "caused" by someone, but they are still "accidents". I'm sorry that you lost both of your parents.

 

[The Mystery Machine]

I understand that if it was someone other than your mother that was killed, yes your father would be sued. However, since it is not you do not have to.
Personally, while I do like money I could not stomach something like that. So no way would I do it.

If they incurred insurance debt the medical insurance would sue the car insurance people, more than likely. They would settle it together I would imagine.

 

[Chubroach]

If it was not my mother in the passenger seat, but someone else who was killed, shouldn't that person's family have the right to sue my father's estate and insurance company? That passenger of the car would be an innocent third party-- just like my mother?

 

[The Mystery Machine]

Yes.

 

[workinggal]

If you sue your father's estate and win, won't you just be taking money from yourself and giving it back to yourseld? (I'm assuming that you already settled their estate and its yours.)

 

[The Mystery Machine]

That's is why it is not good sense to do it.

 

[CEDmom]

Originally posted by Chubroach
If it was not my mother in the passenger seat, but someone else who was killed, shouldn't that person's family have the right to sue my father's estate and insurance company? That passenger of the car would be an innocent third party-- just like my mother?

But that's not what happened so it really isn't a valid comparison. Let's say it was a neighbor who was in the car with your father. The neighbor was a married father with 3 children and the sole wage earner. In this scenerio it would be appropriate for his widow to sue your father's estate. Irregardless of the life insurance she received she has lost the families income and needs to be compensated.

As tragic as your situation is you personally do not have financial liability as the result of your mother' death. You are not a dependant child.

Take the higher moral ground and let your parents rest in peace.

 

[tar heel]

I believe any proceeds from the suit would be paid by the insurance company, not the estate.

Was the car not in both names? If so, then the insurance would be, too, and I really don't see how this suit could go forward. On the surface it may be legally justified, but I think it would feel a little like graverobbing.

I'm really sorry for your loss -- I can't imagine losing both parents at once.