Legal Question in Civil Litigation in Missouri
personal injury wrongful death suit
there was a guardian and conservator appointed by the court for my mother.mother was overdosed which put her hospitalized till she died 14 months later of acute renal failure. when the guardian found out about the overdose and new that there is chance of patient of having slow death he hired a trial lawyer.on the petition for damages it only has his name down as plantiff. doesnt have the ET AL that follows in some cases . my brother and i didnt find out about the suit he filed until nine months later. thats when the lawyers contacted my brother and i to contract a wrongful death suit. on the wrongful death suit the second amended petition lists plantiffs as her children and her mother. eliminating kenneth nolker as plantiff. why was her guardian put as plantiff? should it just have been her two children as plantiffs instead of the guardian?was it wrong for the lawyers and guardian waiting 9 months to mention the suit? why was he deleted as plantiff and added the mother and children in second amended petition? should it just been my brother and i only in this suit.if lawyers took the case why wasnt we notified at that time so possibly it would just be my brother and i in this suit. now there are three parties ... help please
2 Answers from Attorneys
Re: personal injury wrongful death suit
Do you have an attorney representing you in this case at this time? It sounds to me as if a law suit for wrongful death was filed in the name of the guardian and then at a later date you and your brother were substituted in as plaintiffs. That would mean that you my be being represented by the attorney who filed the suit in the name of the guardian in the first place. You have the right to choose the attorney who represents you. YOur attorney will be able to respond to the various questions you have posted on this site concerning this matter. If you are located in the Eastern part of the State, I might be able to help you. Please feel free to contact me. If you are represented I will contact that attorney and obtain his consent for me to speak with you.
Re: personal injury wrongful death suit
In a wrongful death suit, only one plaintiff is needed to settle the claim, but all PROPER parties, i.e. children and parents in your case, must be notified of a pending settlement. In other words, it doesn't matter how many plaintiffs there are, the entire class must be notified and considered before any settlement is distributed.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
