Wrongful Death of a Parent...

[Rendering1]

This is a lengthy and complicated issue... My biological father was killed working for an off shore oil rig company in the gulf of Mexico... This all took place in 1972.. At the time I was only 3 yrs old living with my mother in Canada... My mother and father never married but my father did marry another woman and had a child, my half brother... The death of my father was never relayed to my mother at any time... My mother comited suicide when I was age 7 and I became a ward of the state while in Canada until several years later my mother's mother filed for adoption and legally became my guardian...

Apparently, California law requires that both parents be sought out before adoption proceedings can take place... It was then my grandmother and adoptive mother was informed of my fathers death and the marriage, along with my half brothers existance... I was never told any of this until after the passing of my grandmother and read it in the stuffed away adoption paperwork some 28 years later.... I contacted my apparent would be step mother who denounced me as my fathers son and said she had no money, then hung up the phone... Bare with me as this is obviously lengthy but an hour after that phone call I began receiving calls from family members that knew I existed but didnt know where to find me after 30 some years later.... I know this sounds terrible and I only am searching for some advice on any legal action... I've been told over and over by my fathers side of the family that my would be step mother knew I existed and never tried nor informed the court that my father did in fact bare another son by another woman... I realize that this has been over many decades but I've been without a father my entire life as well and have missed 30 years of family that are at a loss for words regarding this situation.... It's overwhelming to put it mildly... My father was killed in a shallow sea dive when a leading crew member was inibriated and caused the oxygen valve to rupture, ultimately drowning my father... Complete negligence and wrongful death on both the Packer Diving Company and the crew member that caused the horrible, horrible death of my father... After doing little research of Lousianna maritime law... The statue of limitations is 1 year for a claim to be filed with the court... With absolutely no knowledge and given any info at the time.... In fact, I knew absolutely nothing about my father until I was 32 yrs old and still know very little to this day.... I feel cheated out of a life and a quality relationship with my father.. It's simply not right that my would be step mother knew about me and never included me, contacted me or my mother regarding the claim that was filed for the wrongful death of my father.... Can I petition the court after all these years considering these unfair circumstances.....Is there any legal action that I can take... Any advice or help would be greatly apreciated... It's been a tough decision to look into this after all this time..... Jason

 

[quincy]

This is a lengthy and complicated issue... My biological father was killed working for an off shore oil rig company in the gulf of Mexico... This all took place in 1972.. At the time I was only 3 yrs old living with my mother in Canada... My mother and father never married but my father did marry another woman and had a child, my half brother... The death of my father was never relayed to my mother at any time... My mother comited suicide when I was age 7 and I became a ward of the state while in Canada until several years later my mother's mother filed for adoption and legally became my guardian...

Apparently, California law requires that both parents be sought out before adoption proceedings can take place... It was then my grandmother and adoptive mother was informed of my fathers death and the marriage, along with my half brothers existance... I was never told any of this until after the passing of my grandmother and read it in the stuffed away adoption paperwork some 28 years later.... I contacted my apparent would be step mother who denounced me as my fathers son and said she had no money, then hung up the phone... Bare with me as this is obviously lengthy but an hour after that phone call I began receiving calls from family members that knew I existed but didnt know where to find me after 30 some years later.... I know this sounds terrible and I only am searching for some advice on any legal action... I've been told over and over by my fathers side of the family that my would be step mother knew I existed and never tried nor informed the court that my father did in fact bare another son by another woman... I realize that this has been over many decades but I've been without a father my entire life as well and have missed 30 years of family that are at a loss for words regarding this situation.... It's overwhelming to put it mildly... My father was killed in a shallow sea dive when a leading crew member was inibriated and caused the oxygen valve to rupture, ultimately drowning my father... Complete negligence and wrongful death on both the Packer Diving Company and the crew member that caused the horrible, horrible death of my father... After doing little research of Lousianna maritime law... The statue of limitations is 1 year for a claim to be filed with the court... With absolutely no knowledge and given any info at the time.... In fact, I knew absolutely nothing about my father until I was 32 yrs old and still no very little to this day.... I feel cheated out of a life and a quality relationship with my father.. It's simply not right that my would be step mother knew about me and never included me, contacted me or my mother regarding the claim that was filed for the wrongful death of my father.... Can I petition the court after all these years considering these unfair circumstances..... Any advice or help would be greatly apreciated... It's been a tough decision to look into this after all this time..... Jason

I am sorry that you feel cheated out of a life and a quality relationship with your father, but this site handles US law questions and concerns only. Although you could seek out assistance from an attorney in your area of Canada, 30 years is a long time. I recommend you seek out counseling instead of hoping to find a legal solution to your problems.

Good luck.

 

[Proserpina]

This is a lengthy and complicated issue... My biological father was killed working for an off shore oil rig company in the gulf of Mexico... This all took place in 1972.. At the time I was only 3 yrs old living with my mother in Canada... My mother and father never married but my father did marry another woman and had a child, my half brother... The death of my father was never relayed to my mother at any time... My mother comited suicide when I was age 7 and I became a ward of the state while in Canada until several years later my mother's mother filed for adoption and legally became my guardian...

Apparently, California law requires that both parents be sought out before adoption proceedings can take place... It was then my grandmother and adoptive mother was informed of my fathers death and the marriage, along with my half brothers existance... I was never told any of this until after the passing of my grandmother and read it in the stuffed away adoption paperwork some 28 years later.... I contacted my apparent would be step mother who denounced me as my fathers son and said she had no money, then hung up the phone... Bare with me as this is obviously lengthy but an hour after that phone call I began receiving calls from family members that knew I existed but didnt know where to find me after 30 some years later.... I know this sounds terrible and I only am searching for some advice on any legal action... I've been told over and over by my fathers side of the family that my would be step mother knew I existed and never tried nor informed the court that my father did in fact bare another son by another woman... I realize that this has been over many decades but I've been without a father my entire life as well and have missed 30 years of family that are at a loss for words regarding this situation.... It's overwhelming to put it mildly... My father was killed in a shallow sea dive when a leading crew member was inibriated and caused the oxygen valve to rupture, ultimately drowning my father... Complete negligence and wrongful death on both the Packer Diving Company and the crew member that caused the horrible, horrible death of my father... After doing little research of Lousianna maritime law... The statue of limitations is 1 year for a claim to be filed with the court... With absolutely no knowledge and given any info at the time.... In fact, I knew absolutely nothing about my father until I was 32 yrs old and still know very little to this day.... I feel cheated out of a life and a quality relationship with my father.. It's simply not right that my would be step mother knew about me and never included me, contacted me or my mother regarding the claim that was filed for the wrongful death of my father.... Can I petition the court after all these years considering these unfair circumstances.....Is there any legal action that I can take... Any advice or help would be greatly apreciated... It's been a tough decision to look into this after all this time..... Jason

Jason, I'm so very sorry but the man you refer to is not your legal father. His wife, or would-be wife, has and had no obligation to even acknowledge your existence.

You would have no claim even if this happened very recently - your grandparent was apparently the only legal parent you had.

 

[Rendering1]

I am sorry that you feel cheated out of a life and a quality relationship with your father, but this site handles US law questions and concerns only. Although you could seek out assistance from an attorney in your area of Canada, 30 years is a long time. I recommend you seek out counseling instead of hoping to find a legal solution to your problems.

Good luck.

Lousianna maritime law is in the US, isn't it? I am a citizen last I checked.... Thanks tho, really..

 

[Proserpina]

Lousianna maritime law is in the US, isn't it? I am a citizen last I checked.... Thanks tho, really..

It matters not.

If you insist that the US has jurisdiction over the matter, it just makes it even more certain that there is no legal avenue for you to pursue.

 

[Proserpina]

Hmmm. The Canada thing. You said (or heavily implied) that there was an adoption finalized in Canada.

Yes or no?

There is a reason for my question - a very specific reason.

 

[CdwJava]

According to this site, there is federal law that establishes no claim after three years has passed even if the plaintiff was a minor at the time of the incident as there is no tolling at all allowed under 46USC736a. Louisiana allows for a one year SOL and even if it was tolled until the OP was 32, more than one year would certainly have passed since then.

http://corporate.findlaw.com/law-library/the-uniform-statute-of-limitations-for-maritime-torts-it-tolls.html

I am truly sorry that you lost out on time with your father, but, this is not a matter for redress with the court after all these decades. I would imagine any settlement to his survivors would have been resolved way back then. The matter was settled long ago.

As was suggested, if this is something that is truly haunting you, you might want to consider some form of therapy to help you deal with the loss.

Good luck.

 

[Rendering1]

Hmmm. The Canada thing. You said (or heavily implied) that there was an adoption finalized in Canada.

Yes or no?

There is a reason for my question - a very specific reason.

My mother took me to Vancouver BC after my father left to Lousianna in search of better work and a marriage apparently..... At age 3 my father was killed at sea.. A few years after that my mother comitted suicide and although I was born in California, I had become a ward of the state in Canada... Years later due to the legal process my grandmother fought the Canadian government for my return and to adopt me... Hope this answers your question.....

 

[xylene]

I'm so sorry that people who were supposed to look out for your best interests as a child failed you.

Sadly, there is no way to make a claim at this late time and I'm not sure whom you'd even claim against.