If my sister was hit by a car and killed, canI file a lawsuit of any kind?

UPDATED: Oct 25, 2010

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If my sister was hit by a car and killed, canI file a lawsuit of any kind?

My sister was on her way to work in WI when she was hit by a car and died at the scene. Is there anything that I can do legally?

Asked on October 25, 2010 under Personal Injury, New York


Richard Weaver / The Weaver Law Firm

Answered 12 years ago | Contributor

I am sorry about your loss.  I have a few additional questions before I can answer fully. Please call to discuss

R.D. Weaver

Attorney At Law



Nationwide Representation

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss.  When you say that you yourself want to bring a lawsuit do you mean on behalf of her estate?  Who can sue for the loss of a loved one is generally decided by statute and the situation involved.  So your parents - if they are alive - can sue and sometimes if you were financially dependent on your sibling you can sue.  But you can as the personal representative of her estate sue the driver of the vehicle.  And then if she left no Will (if she died intestate) and you would inherit under the intestacy statute, you will receive a benefit from the estate.  Please seek legal help.  Good luck.

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.

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