Legal Question in Personal Injury in Tennessee

Re: Deceased law suits

You really should contact an attorney about this. If this is a TN case, then I believe you will find that the person who has the right to bring a law suit is the surviving spouse if there was one. If not, the surviving children probably have that right. I will be glad to discuss this with you if you would like 901.527.9600 In any event, do discuss this with an attorney if you are concerned about your rights.

Re: Deceased law suits

You and your brother are the ones that should receive the "benefit" from your father's death (unfortunately). It is also possible that your uncle's POA is not valid anymore. Quite frankly, except for receiving a percentage of your father's estate, as Executor, he should not really receive the compensation in this case.

If the death occurred in Alabama, then our laws apply to the personal injury case. If it occurred in TN, then their law applies.

You need to provide more information.

Generally, the spouse of the deceased "owns" the claim (thus your mother, or if divorced, stepmother). Or, as in your case, the children.

I remember in one case a "friend" of the deceased was the Executor of the will but the daughter of the deceased settled the case out from under the Executor.

I suggest that you talk to an attorney by phone or in person.