Deltona, FL asked in Products Liability and Legal Malpractice for Florida

Q: My father had an asbestos lawsuit in Miami and settled some claims. He died in 2015, and I see after he died one

filed for dismissal. Then in 2017 my fathers attorney filed a joint notice of voluntary dismissal of all claims. Stating my mom and dad agreed. Even though he was deceased. Is this legal? Did we lose out? Can I file a claim?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Products Liability Lawyer
  • Wyomissing, PA

A: If your mom and dad agreed and that can be shown, it's OK. However if an estate was opened then they need the consent of the estate and court before closing them.

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