Little Falls, NJ asked in Wrongful Death for New Jersey

Q: Person lived in another country they were visiting and was struck and killed by a car.

Person had no property in USA, left no Will and his wife did an Affidavit of Spouse in India, How we she apply for an Ad Prosequendum?

Related Topics:
1 Lawyer Answer
Grant Gerleman
Grant Gerleman
Answered

A: The wife, children, and parents of the deceased do not have to be citizens of the United States to file civil wrongful claims in the United States. As long as they can provide documentation proving their relationship to the deceased if it is challenged, they can bring claims against any insurance proceeds that are available or sue the at-fault driver in the proper State Court or U.S. Federal Court under their own names. As far as bringing any criminal charges against the at-fault driver, those decisions are up to the local prosecutors. Usually criminal charges are not brought for traffic fatalities unless there were drugs or alcohol involved. The at-fault driver cannot be brought to India for prosecution.

I'd recommend consulting with a U.S. attorney who handles wrongful death claims. It is usually easy to get to liability insurance proceeds from the other driver's insurance company. Where an attorney can be useful is in finding other avenues of recovery. For this situation that could come in the form of travel insurance through the booking/travel agency or employer, Accidental Death and Dismemberment policies, auto insurance that may have been purchased through a rental company, or claims against the at-fault driver's employer if they were on the clock at the time.

Tim Akpinar agrees with this answer

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.