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Old 04-15-2008, 11:51 AM
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Join Date: Feb 2008
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HELP- Mom killed in auto accident while on the job...shady husband


What is the name of your state? NY

My mom was killed in an auto accident while on the job driving a NYS van. The accident was deemed the other drivers fault as she crossed the center line causing a head-on collision.

Us kids signed waivers stating that we didn't object to her husband being named administrator as there was no will. And husband said we'd need to do this in order for him to bring a wrongful death suit.

Wrongful death suit lead to $100,000 potential payout. Again we kids were sent waivers to sign stating that after 1/3 goes to lawyer the remaining balance all goes to husband. Her husband has made it clear that he intends to give us nothing despite claiming otherwise previously. After lawyer gets paid balance would be about $66k.

There is also the issue of a workers comp payout or settlement because accident happened while she was on the job. Husband states the following: "If there is a legal action related to a workers compensation case, any settlement has to approved by the state insurance fund and that a portion of that settlement shall be set aside to reimburse the state insurance fund for any benefit paid to a claimant. Since the amount of the settlement from my insurance company is not taken into account the $50,000 that the other insurance company paid is set aside to reimburse the state insurance fund."

So, he's stating that after all is said and done there will only be about $16,000 left to be paid out to him for the wrongful death suit. Is this accurate? Is what he said about $50k going to the state correct?

Also, the waivers we were asked to sign stated that we waived our rights to any of the money as well as the right to bring any further suit relating to this matter. In light of our recent discovery that her husband plans to give us nothing from any of the money received and the thought that we were wronged by this untimely death of our 53 year old mom...we refused to sign these waivers and have now been cited to appear in court next month.
Is it worth getting a lawyer? Do we have any chance to receive part of the wrongful death suit money? According to the papers it seems only those who have had a pecuniary loss receive anything? Although he's in a better financial situation then he's ever been in...made himself debt free and quit his job after receiving all the pension and AD&D money, so I'm not sure what his pecuniary loss is that entitles him to get everything and her three kids to get nothing.

Any info or advice that anyone can offer will be much appreciated.

Last edited by pillis1978; 04-15-2008 at 01:24 PM. Reason: shorten
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