My father was hit by a car and dragged which resulted in his death. Can u sue for both wrongful death and pain and suffering?

November 4, 2014

Question

The petition says they're not suing for p&s because he never regained consciousness. The lawyer says its written in there like that so we don't have to pay taxes. I don't understand why there isn't a pain and suffering claim in there as well. I am looking for a second opinion before I sign anything thank you.

Answer

If it is in fact a "petition" you're talking about, then the case is in Surrogate's Court, and your lawyer is seeking a "compromise order" to allocate and distribute the proceeds of an insurance settlement. If the proceeds are allocated to the WD cause of action, they are treated differently for tax purposes than if they are allocated to the "pain and suffering" cause of action. Instant death from a car accident likely does not support a claim for "conscious pain and suffering" If in doubt, ask your lawyer follow-up questions! Best of luck.

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