Am I entitled to any portion of a settlement awarded regarding my mom's wrongful death case?
Question Details:
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.
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.