D
disabled dj
Guest
What is the name of your state? Massachusetts
In August 1999, I settled a worker’s compensation case due to several industrial accidents at my workplace. The settlement included a lump sum and an annuity for 10 years. I was in the hospital at the time of settlement (I do not feel it is right to release all the details on the forum) and my second husband waived consideration for my children, born respectively on 12/6/77, 6/7/83 and 5/15/85, to any recourse they may have had in connection to the industrial accidents.
The relinquishing clause reads, “I, ..., on behalf of myself and my children, hereby waive consideration, any and all rights I/we may have as a result of my wife’s industrial accident.”
However, my second husband is their stepfather and my kids believe he did not have the legal right to sign off for them because he did not possess a Power of Attorney, nor was he their legal father or custodial parent through adoption. Further, their legal father is alive, and the kids believe he would be the person who would have had any say over releasing and waiving consideration and any rights they may have had. My oldest was 21 at the time and legally capable to have made this decision for his self were he asked by my attorney or the defendant's attorney.
My kids have lived without a “normal” mother for more than half of their life, because the industrial accidents began in 1993 and ended in 1996. The 3 incidents left me disabled and unable to perform restricted light duty in a dynamic work place, as well as to participate in many normal activities, which would be reasonably expected of a mother i.e., cooking, cleaning, participating in the kids’ extra curricular and recreational activities, transporting the kids, etc., etc. My second husband received inchoate rights but the kids did not receive any compensation for their loss. They suffered greatly as well both physically and emotionally and I know I would never agree to signing off any rights or waive consideration they may have had because of this very fact, despite my being hospitalized.
My youngest girl and I were talking about the annuity portion of the settlement the other day, so I got the papers out. She noticed the relinquishing clause and swore that she knew nothing about the clause or the potential payment that would have been due. Likewise, I asked my oldest and middle child if anyone spoke to them about relinquishing their rights and both stated nothing was ever said to them. The relinquishing clause was typed in on the first page and I believe it was a last minute thought of the defendant’s attorney, therefore, not giving proper notice to the kids, or at least my then 21 year old.
Could you please advise as to whether my children have a case against the insurance company and the insured that would be worth pursuing? Thank you so much for your time and I look forward to hearing from you.
In August 1999, I settled a worker’s compensation case due to several industrial accidents at my workplace. The settlement included a lump sum and an annuity for 10 years. I was in the hospital at the time of settlement (I do not feel it is right to release all the details on the forum) and my second husband waived consideration for my children, born respectively on 12/6/77, 6/7/83 and 5/15/85, to any recourse they may have had in connection to the industrial accidents.
The relinquishing clause reads, “I, ..., on behalf of myself and my children, hereby waive consideration, any and all rights I/we may have as a result of my wife’s industrial accident.”
However, my second husband is their stepfather and my kids believe he did not have the legal right to sign off for them because he did not possess a Power of Attorney, nor was he their legal father or custodial parent through adoption. Further, their legal father is alive, and the kids believe he would be the person who would have had any say over releasing and waiving consideration and any rights they may have had. My oldest was 21 at the time and legally capable to have made this decision for his self were he asked by my attorney or the defendant's attorney.
My kids have lived without a “normal” mother for more than half of their life, because the industrial accidents began in 1993 and ended in 1996. The 3 incidents left me disabled and unable to perform restricted light duty in a dynamic work place, as well as to participate in many normal activities, which would be reasonably expected of a mother i.e., cooking, cleaning, participating in the kids’ extra curricular and recreational activities, transporting the kids, etc., etc. My second husband received inchoate rights but the kids did not receive any compensation for their loss. They suffered greatly as well both physically and emotionally and I know I would never agree to signing off any rights or waive consideration they may have had because of this very fact, despite my being hospitalized.
My youngest girl and I were talking about the annuity portion of the settlement the other day, so I got the papers out. She noticed the relinquishing clause and swore that she knew nothing about the clause or the potential payment that would have been due. Likewise, I asked my oldest and middle child if anyone spoke to them about relinquishing their rights and both stated nothing was ever said to them. The relinquishing clause was typed in on the first page and I believe it was a last minute thought of the defendant’s attorney, therefore, not giving proper notice to the kids, or at least my then 21 year old.
Could you please advise as to whether my children have a case against the insurance company and the insured that would be worth pursuing? Thank you so much for your time and I look forward to hearing from you.