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  #1  
Old 05-17-2005, 11:05 PM
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Join Date: May 2005
Posts: 1
Question

family termoil


What is the name of your state: NY

My brother was shot and killed by a NYC police officer. A lawsuit was filed on behalf of the estate. We met with the Lawyer who had all members of the family sign a form, that left us with the understanding that the suit was being filed at one time for each of us.
We have since settled this case. We all received a notice for Waiver and consent.
In the letter towards the end it states
“ That the entire settlement be considered as a settlement for cause of action for wrongful death and a waiver of my right to receive any distributee share of the settlement.

This is burning a hole in what remains of my family because the Lawyer stated that only my mom has the right to this settlement. Is this true? And if so where do I need to look so to show my brothers and sister that it is true.
They want to know why there is a paper to waive rights if we had no right to it at all?
  #2  
Old 05-23-2005, 04:39 PM
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Join Date: May 2005
Posts: 843
It may be that NY's wrongful death statute only allows recovery by parents or children of the decedent, not siblings. That would be the most obvious reason that brothers & sisters would be excepted from a settlement. Though it is surprising your atty wouldn't have explained this.
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