August 17, 2015

Question

However since I am his son, should I sue the hospital myself or am I inherently included once the settlement concludes? My mother is not being forthright with the information. Although they were married, he was not living with her. I just want to make sure that I receive an equal amount of the settlement. Should I contact the attorney myself? I was part of the deposition process.

Answer

You don't need to sue, since the wrongful death action has already been brought, however, if your father died without a will, the proceeds of the wrongful death suit will be distributed to the survivors as per New York's intestate distribution law. My advice would be to ask the lawyer handling the case for an update, and he/she can tell you what you would be entitled to.


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