My sister filed a suit against a doctor and hospital for performing an unnecessary heart surgery. With the suit, a Declaration As To Heirs And Successor In Interest, in which I and my other siblings were named. The case was settled out of court and the settlement agreement was not filed with the court. I have been advised that the settlement was for $500,000 ($100,000) for each of us, however, my sister never informed us of the suit, and she did not give us any of the money. I have asked the attorney for a copy of the settlement, but they would not provide it. Is there a way I can get a copy of that settlement? Since our names are listed in the Declaration, are we entitled to a portion of the settlement?
Answer
Three questions:
1) Was this a wrongful death case? You don't tell us whether your sister survived the unnecessary surgery.
2) Were you a party to the lawsuit? If so, explain your nature, which may be explained by your answer to question number one.
3) Were you a party to the settlement agreement?
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