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giloaded

Junior Member
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?
 


shortbus

Member
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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