The family of James McNair , the comedian killed in the New Jersey Turnpike crash that also seriously injured Tracy Morgan , settled a wrongful death claim with Wal-Mart for a reported $ 10million sum . Denita and Jamel , McNair 's children , will split the payout awarded for the June 7 accident that saw a Wal-Mart 18-wheeler hit a limo carrying Morgan and his friend . Their lawyer Daryl Zaslow will take a $ 3million cut , according to court papers . Scroll down for video . The family of comedian James McNair , ( left and right ) who was the mentor to 30 Rock star Tracy Morgan received a reported $ 10million payout from Wal-Mart . Denita and Jamel , McNair 's children , will split the payout awarded for the accident on June 7 . Zaslow wrote that he was 'able to convince Wal-Mart ' that the hefty settlement would outweigh any potential losses the conglomerate would face with a highly publicized lawsuit , according to a filing obtained by DNAinfo . He said the $ 10million settlement was a 'truly outstanding result , ' especially because McNair 's past income was not large enough for his children to 'project a significant lost-wage claim ' . According to DNAinfo , McNair , who was 62 at the time of his death , worked part-time at the Salvation Army when he was n't doing stand-up gigs . The settlement was originally announced in January but the sum was undisclosed . Wal-Mart feared publicizing the large payout would negatively impact the superstore 's business . But the amount was revealed in legal documents filed last month in Westchester Surrogate 's Court . Denita , 19 , wrote in an affidavit included in the filing that 'no amount of money could replace ' her father , but that the settlement 'greatly exceeds anything I imagined and I could not be more grateful . ' When the settlement was first announced in January , Zaslow said Walmart had 'accepted their responsibility ' in the crash . 'They caused extensive damage to this family and more than stepped up to the plate and took care of this family , ' he said . 'Ultimately they did the right thing by the McNairs . ' He added , 'No amount of money can replace what they 've lost , but what they 've got will take care of them and allow them to move forward , and their father would be happy for that . ' James McNair was killed when the limo van he was traveling in was struck by an 18-wheeler on the New Jersey Turnpike on June 7 . Zaslow wrote that he was 'able to convince Wal-Mart ' that the hefty settlement would outweigh potential losses the conglomerate would face with a highly publicizing lawsuit . The settlement was originally announced in January but the sum was undisclosed . Wal-Mart feared publicizing the large payout would negatively impact the superstore 's business . The settlement agreed between the McNair 's and Wal-Mart allowed the superstore to admit no liability for the crash . Wal-Mart spokeswoman Brooke Buchanan said the company and the family worked closely to reach an agreement and that Wal-Mart was working toward settlements with others injured in the accident . 'We know there is nothing we can do to change what happened to Mr. McNair , ' Buchanan said . 'We will continue to work to conclude all of the remaining issues as a result of the accident and we 're committed to doing what 's right . ' Kevin Roper , the truck driver , has been charged with death by auto and four counts of assault by auto for the summer crash in New Jersey . The police allege that Roper had been driving his vehicle for more than 24 hours before the fatal crash . In addition , an investigation by the National Transportation Safety Board found that Roper was driving up to 65 mph in a 45 mph zone just seconds before the crash . Morgan , who suffered a traumatic brain injury in the crash , has filed a lawsuit against Wal-Mart . Morgan , a former Saturday Night Live and 30 Rock star , suffered a traumatic brain injury in the accident , according to his lawyer , and his lawsuit against Wal-Mart is proceeding in federal court .
James McNair , 62 , died in car crash on June 7 after truck hit limo van . His good friend Tracy Morgan suffered a traumatic brain injury . Children Danita , 30 and Jamel , 26 , will split the payout . Their lawyer Daryl Zaslow will take a $ 3million cut . Zaslow convinced Wal-Mart the hefty sum would outweigh any potential losses the superstore would face with a highly publicizing lawsuit .