What are the odds

[Groveboy91]

Jurisdiction

Michigan

My soon to be step daughters father had been struck by a drunk driver while walking on the side of a road at night. We recently found out, the drunk driver had become sick with covid a few months after the accident and passed away from it. No justice was served for the crime committed. Recently, My fiancé was asked to sign papers regarding benefit agreements for her daughter on behalf of her father who is now disabled. He no longer can function independently, making it impossible to support the surviving child. Long story short, we have been informed that there isn't much the state can do to provide the child with an appropriate amount of support necessary in regards to the father becoming non dependable.. does this seem correct?

 

[army judge]

does this seem correct?

If that's what you were told from a trustworthy source, why not believe it?

If you can't believe or doubt what you were told, you are free to speak to a couple or three family law attorneys in or near to where you reside.

 

[flyingron]

You can't try dead people criminally. A crime is not victim vs. defendant. It's society that is harmed by criminal behavior and the state brings the case on the public's behalf.

On the other hand, the estate can be sued civilly, and if there is insurance involved that can help.

What benefits might be available to the child depends on things not indicated here. How old is the child? "Reliability" is not a factor in determining things. If the father is now disabled such that he can not work, then there may be benefits based on circumstances. Your fiancee may wish to consult a lawyer who specializes in social security and related benefit programs (its a niche in the law).

 

[Redemptionman]

Agree with what has been posted so far but what kind of vehicle stuck the father? If it is a 2018 plus vehicle then there could be some product liability if the collision avoidance system wasn't functioning. Then you are left with just what the criminal driver has in liability coverage for the accident which I assume is not much?

Once you exhaust all that then you are left with SSDI benefits. It sucks but the system now is geared towards protecting the companies.

 

[Zigner]

Once you exhaust all that then you are left with SSDI benefits. It sucks but the system now is geared towards protecting the companies.

Huh??????
What the heck does this have to do with "companies"?

 

[zddoodah]

My soon to be step daughters father had been struck by a drunk driver while walking on the side of a road at night. . . . Recently, My fiancé was asked to sign papers regarding benefit agreements for her daughter on behalf of her father who is now disabled.

I'm confused by this. Your reference to your "fiancé" indicates you're engaged to the child's father. But then you mention that your "fiancé was asked to sign papers . . . for her daughter." For the time being, I'm going to assume that you meant "fiancée," not "fiancé," but please say so if that's not correct.

Substantively, who asked your fiancée to sign these "papers," what do the "papers" say, and what do these "benefit agreements" provide for?

Also, when did the accident happen?

We recently found out, the drunk driver had become sick with covid a few months after the accident and passed away from it.

The child's father should have filed suit against the driver before the driver died. If he didn't do that, then he should now file suit against the driver's estate. I don't really expect you to know, but is there any reason to believe that the driver's estate has substantial assets beyond the driver's insurance coverage (assuming he carried liability insurance)?

Long story short, we have been informed that there isn't much the state can do to provide the child with an appropriate amount of support necessary in regards to the father becoming non dependable.. does this seem correct?

I don't really understand the question. It is up to the child's parents, not the state, to provide the child with "an appropriate amount of support." If the accident made it so that the father cannot support his child, then that burden will fall to the mother. You didn't tell us anything about her ability to do that, but there are state and federal programs available for low-income families.