What rights do I have if my daughter was the passenger in a car and was killed and the driver is being charged with manslaughter?

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What rights do I have if my daughter was the passenger in a car and was killed and the driver is being charged with manslaughter?

I live in Los Angeles County, CA.

Asked on February 4, 2012 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your daughter was a minor, you could sue the driver in a wrongful death claim; potentially, you could also sue the car's owner, if the driver was a minor or was not the owner of the car.

If you daughter was an adult, her estate may have the right to bring a wrongful death claim as above; it would be brought by the estate's executor (if she had a will) or administrator (if not).

As to the criminal prosecution, that is in the hands of the state (police and prosecutor); they will typically keep you informed (especially if you cultivate a good rapport with them) and may ask for testimony on some issues, but the authorities control the criminal prosecution.

Please accept our sympathies.


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