UPDATED: Sep 30, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My childen’s father passed away from injuries sustained in a hit and run.
I had an open child support case with no ruling, and I wanted to know what
avenues I can pursue to get my children compesation
Asked on March 2, 2017 under Personal Injury, South Carolina
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Sorry to hear about the father of your children.
In order to obtain compensation for your children, you will need to pursue a wrongful death claim. Wrongful death is negligence which resulted in death.
You will need to be appointed guardian ad litem to represent the interests of your children if they are minors because a minor cannot file a lawsuit.
Prior to filing a lawsuit for negligence/wrongful death, it may be possible to settle the case with the at-fault party's insurance carrier.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file your lawsuit for negligence/wrongful death.
If the at-fault party does not have insurance, file the lawsuit.
If the case is NOT settled, your lawsuit against the at-fault party for negligence/wrongful death must be filed prior to the expiration of the applicable statute of limitations or your children will lose their rights forever in the matter.
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.