Los Angeles, CA asked in Car Accidents and Wrongful Death for California

Q: How and where do i file wrongful death lawsuit?

daughter died in motorcycle crash while visiting Idaho. we live in california, driver lives in n. dakota.

Related Topics:
4 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You need an Idaho attorney. Although you could file in Federal Court in Boise or Pocatello based on diversity jurisdiction. If you chose that, any attorney admitted to the 9th Circuit (of which California is a part) could represent you. This is not a do it yourself project.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: please call and i will help you find a lawyer in Idaho....dale gribow 760 837 7500

The proper state court is always where the accident occurred.

you ideally want a lawyer from the area where the accident took place.

as long as your daughter was not at fault and there was insurance coverage an accident lawyer would take the case on a contingency so that you would not have to front any money.

1 user found this answer helpful

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: In addition, once you exhaust the available insurance policy of the at fault driver(s), if your own policy of Underinsured Motorist coverage is a greater sum, you can very likely pursue an additional claim against your own insurer.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: File in Idaho. Look for a member of the Idaho Assn for Justice. They give free consults.

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.