Questions
I got a letter from the Division of Workers' Compensation that sent condolences on my son's father's recent death. It said they had come up with an answer to whether or not he was entitled to dependent's benefits. i called today and they told me there is a hearing in 2 months. He died while on the job in an automobile accident being the passenger. Why do I have to wait, and why do I have to go to a hearing?
You don't have to wait, and shouldn't. If you (or your attorney) contact the employers' attorney (whose name should be on the paper the Division of Workers' Compensation sent you) you can try to do this sooner. If you don't know much about this, you should get a lawyer. But more importantly, you need to have an experienced attorney for your son look into how the crash occurred, and why it occurred. Your son may have the right to file additional claims besides workers' compensation, and he may be entitled to much more than WC death benefits. I can help you with this if you like.
if the plaintiff was a minor when a major accident that left four of his siblings dead and couldn't sue the company who was responsible could he then sue when he becomes an adult?
It's not clear to me from your question whether or not the minor was involved in the crash and personally hurt, or whether the minor just wants to sue for the loss of the four siblings. Either way, the minor can sue now and does not have to wait, as long as they have an adult do it for them, in the minor's name. On the question of whether or not the minor can sue for the loss of the four siblings, that depends on the circumstances and what relatives survived the four siblings. Even if the surviving minor was not personally involved in the crash, he or she might have a claim for the loss of the four siblings, depending on what other relatives survived. If you'd like to discuss this, you can get my phone number from my web site, shown below. Please be aware that the statements and opinions provided above are just a broad informational service to the general public. Since this reply is based upon an incomplete description of facts, this email can not used as a substitute for legal advice from a qualified and fully-informed attorney. Also, these communications are intended for use by the public, and this email does not constitute a confidential communication nor does it create an attorney-client relationship with Curran Law Firm or any of its members.
