Q: My brother and I disagree about filing a wrongful death claim on behalf of our mother. What should we do?
A: Assuming it is a valid case, whichever of you wants to file should retain a personal injury attorney. Parties who do not wish to join in wrongful death cases may be made parties to the case by those who do wish to pursue the action.
William John Light agrees with this answer
A: All heirs have to be part of the suit. If someone doesn't want to be a plaintiff, they have to be named as a defendant - not to get money out of them, but to account for them in the judgment. They would not recover anything, either.
A: You will have to a party to the action so why not have an attorney help you not sure about what you disagree with - please contact an attorney to discuss.
A: Why not contact a member of the CAOC who handles the type of claim involved (medical, vehicle, etc)--they give free consultations. Then you can determine if there is a case to be brought, discuss your brother's concerns and how it will be set up.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
