Legal Question in Personal Injury in New York
Me and an X girlfriend lost our son, due to an automobile accident while he was on the job, 3 years ago. My son was living with his mom and I paid child support. His mom and I have a lawsuit for wrongful death. I talked with some people and was told that yes I will recieve a part of the seattlement. But others told me that I will not.
I don't not understand. I try talking with the atturnies we have but they will not answer any of my questions.
He was my son and I also experience a loss.
What are my rights?
3 Answers from Attorneys
Unless you abandoned your relationship with your son, pursuant to New York State's laws of intestacy, you are entitled to share in any settlement obtained in connection with the lawsuit for your son's wrongful death.
Sherri L. Plotkin, Esq.
Barton Barton & Plotkin LLP
212-687-6262
I am sorry to hear about the loss of your son.
As a general rule, you would be entitled to a portion of the proceeds of any settlement involving the death of your son. With a death case, any settlement would need to be approved by the Surrogate's Court. Further, any such proceeding would require your involvement, given that you are the child's father. I would make an appointment with the Estate's lawyer, and meet face to face, to ease any concerns.
Sincerely,
Joseph G. Macaluso
Macaluso & Fafinski, P.C.
(718) 364-4000
www.lawyers24-7.com
In these types of cases, especially where your relationship with your ex is poor, it may serve you to hire your own attorney. Attorneys rarely ignore the calls and questions of other attorneys and you can be assured that your interests will not be ignored or denied by your ex and her attorneys.
My condolences to you and your family. If you need to speak with someone, you can contact my office and ask for me.
Regards,
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