Legal Question in Personal Injury in California
wrongful death lawsuit
my father filed a wrongful death lawsuit on my behalf when i was a minor,my father died before the settlement was reached. I was the plaintiff on this case.My mother signed a dismissal of this case ,for a settlement out of court without my knowledge. I was never notified or told anything about this settlement.I was eighteen at the time of this settlement. Does my mother have the to dismiss or settle this case without my consent ? Do I have to be notified ?
Is there a statute of limitations on a case filed on behalf of a minor ?
4 Answers from Attorneys
Re: wrongful death lawsuit
Since you were 18 at the time, your consent was required. First check with the atttorney who represented you and your mother as to what happened to your money. If their reply is not satisfactory, then you should consult an attorney ASAP. You have about 2 years from your 19th birthday to file a suit.
Re: wrongful death lawsuit
i would need more information to give you the best educated answer on this issue. please provide the history and greater details of this wrongful death suit and what exactly happened, and i may be able to assist you further. [email protected]
Re: wrongful death lawsuit
Without seeing all the facts, dates and evidence, no one online can provide you with a perfectly accurate reply to your question.
However, typically, if you are still a minor at the time of settlement and dismissal, the Court will require a hearing on a Motion to Compromise a Minor's Claim. Any such motion and Court order will be in the Court file.
If you reached the age of majority (18) prior to a settlement being entered, your authorization would be required. If you were over 18 and did not approve the settlement, in writing, your mother cannot approve it for you.
Contact your local bar association and get a referral to a litigation attorney as soon as possible. Bring all of your documentation with you.
Re: wrongful death lawsuit
If you have not waited too long after learning of the problem [statute of limitations issue], then your remedy is probably an action against your mother who settled it improperly!, maybe also against the other side for not verifying proper authorization to settle.
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