Q: My nephew was killed in a train accident in Florida his sole surviros are his dad and mom. HIS dad is in prison
A wrongful death lawsuit has been filed is his dad entitled to half the payout in the lawsuit?
A:
Sorry to hear that. Being in prison should not disqualify the father from receiving his fair share, assuming his parental rights have not been terminated, but his fair share is not automatically half. His relationship to his late son is one of the factors to be evaluated.
I'm guessing you're asking this question due to the mother hiring the attorney who is on the case, but that attorney should be willing to answer questions like this, at least from the father (whether by phone call or letter), and should be willing to explain the law and how the law applies to the facts of the case.
A: You should discuss this with the attorney you hired. He knows all the facts of the case.
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