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Wrongful Death Lawsuit Question

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Mommyof2Girls

Junior Member
What is the name of your state? Pennsylvania

My daughters father was killed in a motorcycle accident. His older children filed a Wrongful Death Suit. I wanted nothing to do with it. Then yesterday my lawyer called me and told me that their lawyer called her. He said that I had no choice but to participate in this lawsuit, he said it was the law. Its not that I have to be a part of it but my daughter is because it was her father that was killed. My question is, is this a such law. Does my daughter really have to be a part of a lawsuit that I don't want her to be in? Isn't it my choice as a parent whether or not I want to sue? I feel that their lawyer is trying to get one over on me. I feel that they want to use my child as a sympathy plea. Believe me I am angry that this woman's stupidity killed my boyfriend and took my daughters father from her. But I am not interested in fighting in court when no amount of money will bring him back to me.
 


I AM ALWAYS LIABLE

Senior Member
Mommyof2Girls said:
What is the name of your state? Pennsylvania

My daughters father was killed in a motorcycle accident. His older children filed a Wrongful Death Suit. I wanted nothing to do with it. Then yesterday my lawyer called me and told me that their lawyer called her. He said that I had no choice but to participate in this lawsuit, he said it was the law. Its not that I have to be a part of it but my daughter is because it was her father that was killed. My question is, is this a such law. Does my daughter really have to be a part of a lawsuit that I don't want her to be in? Isn't it my choice as a parent whether or not I want to sue? I feel that their lawyer is trying to get one over on me. I feel that they want to use my child as a sympathy plea. Believe me I am angry that this woman's stupidity killed my boyfriend and took my daughters father from her. But I am not interested in fighting in court when no amount of money will bring him back to me.

My response:

Your daughter must be joined in the lawsuit as a Plaintiff. This is because the lawsuit is being filed, and all natural heirs (your daughter) must be joined now, or lose their rights to sue at all. You're being asked to be involved only as a Guardian ad Litem for your minor daughter. If you refuse, that's okay. The court will appoint a Guardian ad Litem for your daughter; however, you may not like the decisions that person makes for your daughter - - but by that time, it will be too late for your opinion, and no one will care what you have to say - - in the litigation, that is.

IAAL
 

Mommyof2Girls

Junior Member
I dont think I made myself clear, sorry. I want to waive my daughters right to the lawsuit. They are telling me that I can not do that. They are telling me that it is the law and that I have no choice in her being a part of it. I wanted to know if I can waive her rights or are the lawyers right in saying that I cant?
 

I AM ALWAYS LIABLE

Senior Member
Mommyof2Girls said:
I dont think I made myself clear, sorry. I want to waive my daughters right to the lawsuit. They are telling me that I can not do that. They are telling me that it is the law and that I have no choice in her being a part of it. I wanted to know if I can waive her rights or are the lawyers right in saying that I cant?

My response:

No, you can't "waive her rights".

IAAL
 

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