Legal Question in Civil Litigation in California
Can i re-open a wrongful death lawsuit ?
I was listed as the plaintiff on by brother's wrongful death lawsuit,My father started this case but later died. My mother settled out of court but did not tell me, nor did she get my ok to do so. My question is do i have the right to re-open this case if i had no knowledge of this settlement.Please tell me what i can do??
Also i was an adult at the time of this settlement,and was not notifed.
Thank you,
--name removed
3 Answers from Attorneys
Re: Can i re-open a wrongful death lawsuit ?
You may be able to. However, check with the attorney and your mother as to why you were not notified or why you not advised. Then send their answers to me for further advice.
Re: Can i re-open a wrongful death lawsuit ?
You need to provide some additional facts here. For starters, how long ago was the case settled? How long ago did you learn of the settlement? Did your mother lead the defendants to believe you accepted the settlement terms? Did someone forge your signature on a dismissal? Was a judgment entered? Were you represented by a lawyer? Did the same lawyer represent your mother?
Please do provide a bit more information, and feel free to send it to me directly if you would prefer not to post it openly on this site.
Re: Can i re-open a wrongful death lawsuit ?
Opening the case again might be difficult, and while you may bring a motion to do so, I doubt it would be fruitful.
Your remedies lie in suing your mother, perhaps for misappropriating funds to be held in trust for you, or forging your name on documents, or withholding information. If you were an adult at the time of the settlement, typically you would have to sign agreeing to settle the case, receive funds, or dismiss the case.
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.
