Your question is a tad confusing. Did your father have a personal injury law suit going, and in the course of the case he diied? I would assume that he diied as a result of the negligence in the law suit, and it became a wrongful death lawsuit. Because the deceased is your father, you are a member of the wrongful death estate. Because you are a child of the deceased, you had a claim against the settlement proceeds of the law suit. A Guardian ad Litem should have been appointed to protect your interests in the proceeds of the law suit. Did you have a guardian ad litem? If you did, I would assume the GAL would issue a report reccomending that you get a share of the settlement. John Hone.
I only know California law, so you should immediately consult with a local attorney who is experienced in wrongful death claims in your state. Your right to make a claim under the California Wrongful Death statute depends on your relation to the decedent. If you are next in line under the California laws of intestate succession, you should have a right to make a claim for wrongful death. If your father had already started the claim and filed a lawsuit , here in California you should be able to have an attorney substitute you in as a plaintiff. If the claim was for the loss of one of your father's children, perhaps your mom is the only correct plaintiff remaining. You should consult with a personal injury attorney who practices in the state where the wrongful death case is venued, since laws vary from state to state. Good luck, Claude
Sorry to hear that your dad died. My condolences to you and your family. Your question is a bit confusing. I think you are asking that If your dad had a wrongful death law suit pending before his death, whether you can take over as a plaintiff since you are one of your dad's heirs. If I have accurately phrased your question, then the answer depends on many factors. One of them is the wrongful death and probate laws in Michigan. I advise you to contact a personal injury attorney in the state you live to discuss the matter further.
Walter Kane M.D, J.D.
Sign up to receive a 3-part series of useful information and advice about personal injury law.