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  1. #1
    Join Date
    Sep 2016
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    Default Can a Wrongful Death Claim be Legally Settled Without Notice

    A widow started a wrongful death case for the death of her husband. A year later, while the case was still pending, she passed away. A month after that the widow's family received notice that the wrongful death case had been settled. Is it legal for the law firm to settle the case without notice to the widow or her estate? There could not have been consent, because she wasn't alive to consent to the judgment.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Wrongful Death Claim be Legally Settled Without Notice

    It is possible that she approved settlement within a specified dollar range while she was alive and that the lawyer, not being aware of her passing, settled the case within that pre-approved range.

    The executor of the woman's estate should contact the law firm, providing letters of authority that show that he or she is duly appointed to administer the estate, and obtain information about the settlement and the law firm's authorization to enter into the settlement agreement.

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