Legal Question in Wills and Trusts in New York

Can the Circuit Court Change a pain & suffering settlement to Wrongful death?

My kids dad was killed in an auto/pedestrian accident. The insurance co. did not feel they were responsible but paid the pol. limits as a nuisance settlement. The kids are in NY and the circuit court is handling the case. The estate atty is trying to change the settlement from pain & suffering to wrongful death so that any outstanding judgements wont get paid.

One of the judgements are for back child support owed to me.

Is it possible for the Circuit Judge to change the settlement so that the judgements are not paid.

If so, is there a way for me to protect my interest and should I retain counsel to help me or can I just send the Circuit Judge a letter.


Asked on 7/21/05, 1:41 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Can the Circuit Court Change a pain & suffering settlement to Wrongful death

If the amount involved warrants it, obtain Calif. counsel.

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Answered on 7/21/05, 3:38 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Can the Circuit Court Change a pain & suffering settlement to Wrongful death

It does not appear from your post that the accident occured in California, so this was not the appropriate place to post your question. Please repost your question in the appropriate forum or state more facts to show how this is relevant to California.

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Answered on 7/21/05, 4:36 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can the Circuit Court Change a pain & suffering settlement to Wrongful death

My condolences on your children's loss.

The appropriate state (location) is where the estate is being probated. It is a good idea to speak with a lawyer, but it is likely that the money you do not receive will go directly to your children.

It is possible that the estate lawyer is pursuing a dead-end. It is not easy to avoid child support and child support is one of the debts that is unlikely to be barred by the change in the insurance settlement.

You are welcome to discuss the matter with me for no fee.

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Answered on 7/21/05, 5:07 pm


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