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 12 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.


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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