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

UPDATED: Mar 4, 2012

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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