Am i entitled to any settlemen due to my wife who died?: My wife died in 2010 from Cancer. Before she died she had a lawsuit pending against the infirmary where her father was. he died from injury sustaind from a fall at the infirmary. She (my wife ) had six sisters and one brother. am i entitled to anything.? We lived in Florida.
James's answer: Your rights may depend on the stage of the claim. Your wife's claim is based on the loss of HER father. If the claim is already settled, you may well have a right to claim her share. If the claim has not been settled, it is doubtful you will get anything, in my opinion. This may be affected by other factors; and Florida law may be more generous to you. You should seek independent local counsel to investigate this and explore your rights. I suggest you do not use the same attorney that represents the siblings of your wife. If you have children, you should explore their rights, as well.
Is my accidental death insurance on my son still available to me?: There is a void stipulation on this policy that it is void if illegal drugs are the cause of death. He was stopped by the police, and had drugs that were in baloons. didn't have anything to drink to swallow them so as not to be caught, and started to choke. the police were trying to get them out of his airway, and caused the baloons to burst. This killed him immediately. cause of death multiple drug intox., reason says accidental. Is accident policy no good?
James's answer: I am sorry to hear about your son's death and the circumstances. The technical language of the policy could be a close call in this case, and the interpretation could be dependent on case law established in the appeals courts of the state, or, if none yet, on the particular judge that considers the case. Could be luck of the draw. You should see someone local to the courts that specializes in insurance law immediately to get their opinion. I would expect that it will be difficult to get someone to take on this case, especially on a contingency basis, but it is worth the effort to find out. Good luck.
Daughters father was murdered in 2007 and we have been denied death benefits....: Hi my daughters father was 23 when he was murdered... our daughter was 10 months old at the time.... we have tried to get death benefits however they are denying us saying he was off by half a credit.... therefore my daughter doesnt qualify for benefits... its not like he asked to get killed.... what do i do now?
James's answer: Although it is not clear how old your daughter is now, I will assume this happened just a short time ago. I am sorry to hear of the death of her father. Fathers are very important. Social Security has a set of rules that determine your daughter's eligibility for benefits. There are lawyers who specialize in such cases, and you should consult with one immediately. Do not delay. Sometimes reconsideration and/or appeals result in a change in the ruling, changing a denial into a granting of the claim. This type process has time limits and procedures that apply, and, thus, the reason you need to consult with a specialist asap. Best of luck.