My father cut me out of my mother's wrongful death lawsuit.?

Question

My father told me that he would not subject our family to such a court hearing stating that they would try to defame my mother's death, (she died in a hospital due to staff negligence) yet I have found out that he indeed did go to trial, and did recieve a financial reward without my knowledge. He continues to deny this.

Am I entitled to some of this reward, and is he in violation of any laws?

Thank you for your attention to this delicate matter...

I was 15 at the time of her death, I was an adult at the time of the lawsuit.

Deep Thought, it happened 5 years ago. I've grieved, I still grieve. I think it's ghoulish of you to even come up with that accusation. If I were concerned only with money, do you think I would have done something sooner? My mother was everything to me, my dad is a complete jerk, as if you couldn't tell, she was my only umbrella protecting me from all his s*** over the years and she's gone.

Have I satisfied your curiosity? Your forked tongue back where it belongs?

I can't believe some people.

Answer 1

You didn't mention your age. If you are of a legal age you should file your own law suit but if you are not of legal age the court should have appointed a guardian for your portion of the settlement. Your own law suit could be just as equitable as they did deprive you of a Mother and a Mother's advice during marriage and pregnancy and also there is nothing like a Grandmother's love for your children. You have to think of them too even if you do not have any yet. I would not let this rest. I do know that any settlement he may have received, if you are of a legal age, did not include your cooperation in not litigating further suites. He only settled the matter for himself.

If you were 15 at the time you should contact the Attorney's office and find out what arrangements were made for your money. If he was the guardian then you may make him show where your money is legally or ask for an itemized statement of where it was spent. Contact the Attorney's office and ask for a copy of the settlement (it will probably cost you but at 15 you would have had to be a part of this suite)

Answer 2

I am sorry to hear of your mothers death.

My father died a lil over 2 years ago accidentally. So I understand how hard going through all this must be on you.

Yes, you are entitled to some of it!! If you are 18, and an only child....then you defintely had $$ that would have been coming to you.
The longer you wait to do anything about it, the more chips you have stacked against you. The quicker you act, or just decide to do nothing at all is better than waiting 8 months....give or take!

You would have to seek legal advice and legal representation first to see if you have a case....do that first. Someone you can trust, or a lawyer who knows nothing of you or your dad, so there are no strings attached somehow. You tell a lawyer your story ( a family lawyer, I think? ) if he thinks he's got a case ..... and he knows he can win etc.... you wont have to pay him anything upfront, and he would only take a % (you & lawyer agreed upon) after you won your settlement.

That is if you have a case...which it sounds like you definitely do!!!

Answer 3

Regardless of the fact that you were a minor when your Mom passed away (my deepest condolences, btw), it seems to me that your Dad possibly filed a Wrongful Death suit naming himself as the complainant only. In my mind, this seems selfish and narrow-minded. I would think that logically, by adding the children to the lawsuit, the amount (I would hardly call it a REWARD) would have been increased by quite a bit.

To answer the second part, are you entitled to any of it, You can access the court records, as they are public knowledge, and if you WERE named as a co-complainant by name or inference, you might have some recourse. Of course this might mean that you have to bring legal action against your Father, and then the only winners are the Lawyers.

What you might want to do is seek an attorney in your neighborhood, someone whom you are familliar with, and ask them the same question. Also find out if you have any recourse, and how to go about it. Family matters can get soooooo sticky.

Good luck.

Answer 4

Well, I know how you feel ... My mother died when I was 15 due to a dirty instrument used in surgery. My father had a law suit filed, but then dropped it without carrying through with it. I was not happy because I felt that we should make sure they paid for their neglect.

My Dad did promise my brother and I a fair share of my Mom's life insurance policy to help with College .. However, after about 1.5 years, he had met another woman; married her; and spent the WHOLE thing buying her a new house and furnishings ... My brother and I never received a dime.

This is where you story and mine differ .. it seems you Dad go through with it and was awarded a settlement. Unfortunately I do not believe that you are legally entitled to any of the settlement. It would go 100% to your Father. You Father most certainly should give you a cut. I think that if there is any hope for you to get anything it is going to have to come from a friendly, cordial relationship and agreement by the two of you. If you involve a third party (of any kind .. legal .. relatives .. any) your Dad will probably resent that and clam up and never share a cent since he is not required to.

How old are you? If you are under 18, you are legally entitled to Social Security on behalf of your mother until you reach 18 ... NOW, here's the catch on that as well ... it will come to your Dad in his name and is intended to supplement his income to replace your mom's and help support you .. SOO, Unfortunately it is 100% up to him if you get any of that as well.

I am very sorry for you loss. I know how difficult it is ... My best suggestion to you is to live your life in such a manner that would make your mom proud. Remember all of the good times and let the not so good times go. Try to maintain peace with you Dad as you never know if you will need him in the future ... plus, your mom would probably want you to do so. I also recommend that you pray about this and find happiness in Church.

Best of Luck.

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P.S. .... Well, as we might expect on yahoo answers, you are getting conflicting answers ... try this ... go to www.lawguru.com
and ask your question .. LAWYERS will answer your question with some sound advice for you vs the conflicts you are geting here. Good luck.

Answer 5

You did not have capacity to file a lawsuit in court at 15. Therefore you could not be include. However, I don't know he is fooling, this is a matter of public record and you can look up the details of this lawsuit in the recorders office in your county. This is a public record.

He really does not owe you any of the judgment or settlement. Why would he?

Answer 6

it really is authentic that had Dominguez not crossed the border illegally he would in all likelihood be alive on the instantaneous and his relations in all likelihood realizes this. might want to they have a correct to sue in a wrongful lack of existence lawsuit? everyone can document one, yet good luck at triumphing one, fairly in circumstances which incorporates this. in spite of the indisputable fact that, to view this situation in a distinct perspective; the protection criminal specialist does not ought to teach innocence or guilt on behalf of his consumers, in spite of the indisputable fact that the prosecutor has to teach genuine looking doubt. How huge became this rock that Dominguez had? became he attempting to guard himself? became he attempting to scare the officer to diminish go into reverse? Did the officer use extreme pressure? it really is a shame that someone ended up useless, in spite of the indisputable fact that the final analysis is that no count number how a lot money you sue for, and if the case is received, the money will not in any respect deliver decrease back the guy that died. often times you should ask your self about any wrongful lack of existence in good structure - carry out a touch households quite care about the lack of existence of a loved one, or do they quite care about the money? Hmmmm...factors to consider!!!

Answer 7

As an heir to her estate you were probably entitled to benefit from the suit . Go see an attorney that will do a free consultation .

Answer 8

Whoah dude,
your Mom died and you seem more concern about a reward, vs answers and justice for her wrongful death???


I truly do hope there's more compassion to this story, but to answer you question, as long as your under the age of 21, and living in your fathers house, under his care, its his money, to use to take care of you.

When you turn 21, whatever your mother had in place, IF she had money willed to you, will then be turned over to you, by power of attorney.

Good Luck.
And very sorry for your loss.

Answer 9

not that i can see from this side, you will be entitled to the estate when he passes on