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Wrongful Death Settlements are coming in soon, one at a time, Can I ask to see paperwork on the settlement offers.

Crestline, CA |

We have a representative in our family who has the legal right to accept or decline all settlement offers from the wrongful death suit that we are in. The lawsuits are in Los Angeles CA, the main office, of which most of the paperwork comes from is in ILL. After being told that one settlement is in, and our family representative signed the papers oking this offer, we had asked to see the COURT DOCUMENTATION of the Settlement? You would of thought that we were asking for something illegal, they popped out a very aggressive letter discouraging us from asking that. WE WANT THE COURT DOCUMENTS ALLOWING US TO SEE the documents that this company agreed to pay. Could not see how to do that on-line with LSCC, we didn't just want to take the Law Firms word that the settlement was what they said

Attorney Answers 8

  1. Best answer

    I see nothing wrong with your request.The representative answers in part to you and of course should provide copies of the paperwork to all interested parties. In our wrongful death cases in Maryland and Virginia this is always done. In fact ,for all interest persons in wrongful death cases in Maryland and Virginia who do not speak english, we frequently have the papers translated in Spanish,Chinese and Korean.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm

  2. I do not know the particulars of your case. But, in most cases, court approval of a settlement is not required. Perhaps, court approval is required in your case. I do not know. It makes sense to ask the family representative for a copy of the settlement accounting documents. These documents will show the amount of the settlement, attorney's fees, and costs incurred.

    If you still have questions or concerns, perhaps you should retain a lawyer to look into this further. It sounds like you do not necessarily trust the lawyer(s) representing your family. Maybe, retaining your own lawyer would give you peace of mind.

    I hope this helps. Good luck.

  3. There may not be court documentation since a settlement is implies a voluntary agreement between the parties. If you feel the is something going on that's not right, talk to the lawyer or contact the probate court.

  4. Make the request to the PR. The PR has a duty to act in good faith on behalf of the estate. You, as a beneficary have a right to review the documents. If it was simply a settlement, there would not be any court pleadings/documents.

  5. As a beneficiary of the estate, you have a right to ask for that information. Ask to see a copy of the check sent by the insurance company.

    Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

  6. Court documents are usually open to the public. If you can't get them through your lawyer or your representative, get them through the court.

    Best regards,
    James Heiting

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