Q: My brother was struck and killed by a motorist in CA. Why is a lawyer contacting me with a claim?
My brother was 46 years old. Our family did not contact lawyers. The lawyer who called me did not tell me who was filing the claim or who it was against. Am I being sued? If so, how would I be responsible??
A: I'm sorry for your loss. Were you contacted in writing? If so it would be helpful to know what the language says exactly to point you in the right direction. It would be unethical for a lawyer to reach out to you to solicit a case, but unfortunately happens. More information about what was contained in the correspondence would be helpful.
William John Light agrees with this answer
A:
1. Your brother may have been at fault, partially or wholly, and the attorney is attempting to investigate a possible claim. You would not be responsible unless you were the owner of the vehicle your brother was driving, or your brother was engaged in some task on your behalf.
2. Your brother's heirs, children, wife, siblings, parents may have retained an attorney, without your knowledge, to pursue a wrongful death claim.
3. Your family should consult a PI attorney to investigate a possible claim.
A: There could be a number of reasons for the contact; some legitimate, and some not. A wrongful death claim is supposed to include all possible claimants when the case is filed. So, is anyone hired a lawyer for such a claim, they could be contacting you about that. They also could be representing someone against your brother/his estate and trying to get information from you. The simplest first step would be for you to ask the attorney who they represent, and who they are making a claim against. You don't have to talk to anyone voluntarily. You certainly could hire an attorney just to look into this situation. The price of a consultation and a phone call might be worth the peace of mind.
A: Who knows? Do not commit to anything but find out. In the meantime you and the family may want to contact a member of CAOC about any potential claim--they give free consults.
A: Ethical Personal Injury Lawyers do not contact clients. Clients contact us. What you have is probably the defendant's lawyer reaching out to you to offer a quick settlement. If they left you some papers, call a lawyer near you and they will advise you for free. We normally do not charge for a consultation. BEST OF LUCK.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.