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
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.
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