If my ex-husband just recieved a wrongful death settlement regarding our daughter?
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If my ex-husband just recieved a wrongful death settlement regarding our daughter?
My ex-husband just recieved a wrongful death settlement in the amount of $500,000 for the death of our son 3 years ago. I am not involed in it. About 7 years ago, under circumstances of major medical issues involving our other child who had Cystic Fibrosis, we came to a agreement to allow their stepmother to adopt. After this was done, I still did for the children, talked with them and was involoved. I paid for the funeral of the daughter. Am I entitled to sue the insurance company or to any of this money? Do I have to sue my ex-husband? If the understanding was that I didn’t want my children, then why would I have continued to do for them and pay funeral costs of our daughter? The court date for disbursment is in about a week. I need to know what to file or what to do?
Asked on July 23, 2012 under Personal Injury, Nevada
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to understand that in a wrongful death action for a family member such as the son you lost, the damages are those of the survivors due to the loss of the comfort, support and society of the deceased person. The $500,000 that your former husband received is for his own damages.
You could sue for some sort of compensation but most likely you would be time barred under your state's statute of limitations.
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