My father died before I was born, in a car accident his cousin was driving he lived and my father died. If they sued how come I didn't receive money.

Question Details: My father was in his cousins car coming home from work when they got into a car accident. My father died and his cousin lived. If my grandparents ( Which I'm pretty sure they did) sued, would't the law or the courts have my grandparents or there lawyers notify my mother of a wrongful death settlement since I was under 18. I called a lawyer and asked him the same question and he told me that there are statue of limitations on cases like this. My qustion is this. Am I or am I not entitled to some of the money my grandparents received for my fathers death.

Asked 9/4/2009 under Wrongful Death - Accidental Death | 567 View(s) | More Legal Topics

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Wrongful Death - Accidental Death Law Answers

I'm afraid not.  If your grandparents sued and you were not yet born, they likely sued on their own behalf.  Whatever settlement or judgment they got would be theirs and theirs alone.  And there is a 3 year statute of limitations on personal injury/wrongful death suits in New Hampshire.  If they choose to leave you some of the money in their will or a trust, they can certainly do that, but there is no law that says they have to share it with you.  If your mother sued on behalf of herself, it would be the same thing.  She would not need to share the money with you, especially in light of the fact that you were not born yet.  If, however, you were born during the 3 year statute of limitations, and she sued after your birth, she could have sued on behalf of herself and her child (you).  Such does not appear to be the case.  Sorry.

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