can both parents of a 19 year old son who was ran over and died sue separate

My son was ran over and killed

Asked on January 14, 2018 under Personal Injury, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can--he cannot stop you from filing your claim. You should do so NOW: while he cannot stop you from filng your own claim, the law requires that all claims arising out of the same set of facts or accident be brought in the same case and consolidated (the law doesn't want someone to be sued "piecemeal," which increases his/her costs, wastes court resources, and can result in someone being asked to pay the same amount or compensation twice). So you want to file your case and bring a motion to have it consolidated with your ex's claim. If you don't bring your action while his is still going on (and generally, during the earlier periods or portions of the case), the procedural rules of court may bar you from suing later.
Also, note that here is no double recovery--for example, say that a court determines the proper compensation is $250,000. That's not $250k for each person who sues--it's $250k total, split amongst all who file as plaintiffs (i.e. all who bring a case). This is another reason to file soon: so that your claim is properly considered with your ex's claim and the "damages" or compensation properly apportioned.
Wrongful death lawsuits are generally more complex than a layperson (non-lawyer) should try to handle, and joining into an already-ongoing case increases complexity; hire a lawyer to help you.
Please accept our sympathy for your loss.

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