Am I entitled to any portion of a settlement awarded regarding my mom’s wrongful death case?

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Am I entitled to any portion of a settlement awarded regarding my mom’s wrongful death case?

My dad is suing and he says that I will not be getting any money from him. I was wondering if I am entitled to some or not? I’m 19 years old.

Asked on March 4, 2012 under Malpractice Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your father was married to your mother at the time of your mother's death, and the way it occurred was sufficient to institute a wrongful death suit, then your father is absolutely the correct person to file suit. Now, for your concern, if you were a minor when your mother died, you should be placed on that lawsuit and be considered a co-Plaintiff, even if your father refuses to include you on his suit. You just need to file a separate suit and then the court should be asked to either consolidate (combine) the cases or ask they be separately reviewed. This is different from a survival action wherein the action is by the estate.


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