Legal Question in Personal Injury in California

my cousin was killed by a fedex truck, they settled with his last living biological parent even though she was never in his life. she barely knew him. can that be opposed in court?

Asked on 7/27/13, 1:09 am

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2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Anything can be opposed in court, at the risk of being sanctioned for the prosecution of a frivolous claim. In the case of your cousin's biological mother, and without knowing anything more than what you presented, there are too many unknown factors for me to attempt to answer your question. That said, there is one factor for sure, which is, his biological mother was the one who showed up in some capacity after the death of your cousin. Meaning that she was the one who brought the action against FedEx, whether or not she did it through counsel.

Consider the following; what role did you play in the life of your cousins? Did you have any standing to sue FedEx? If so, did you bring an action? These, and many other questions should be explored prior to considering any legal action. Finally, even if there was some standing, reversing a settlement with biological mom would be a very uphill battle, with much to prove.

You can give me a call Monday, later in the day to discuss at 877.505.injury.

Good luck

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Answered on 7/27/13, 10:36 am

Terry A. Nelson Nelson & Lawless

"Settled" means the wrongful death case is already over, and it also means that the court determined that the person suing was entitled to bring the case, and to receive the money. The defendant FexEx would have raised all those issues in the case.

You may [or may not] have had some 'heirs' claim that could have been brought. If you are within the 2 year statute of limitations, you could consult with counsel to see if you have any valid claim. Feel free to contact me if so.

You also may [or may not] have had some 'heirs' claim if there was a probated case regarding the estate of the deceased. You could consult with counsel on that as well, to see if you have any claim. Feel free to contact me if so.

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Answered on 7/27/13, 5:20 pm

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