How Much Will I Receive After A Wrongful Death Settlement?
After a wrongful death lawsuit, benefits will be paid out to several family members. If you are related to the deceased, you might wonder if you are entitled to compensation and how much you will receive.
Your Relationship to the Deceased
Whether or not you are entitled to compensation has nothing to do with your involvement in the event that caused the death of your loved one. Instead, it has more to do with your relationship with the deceased. Immediate family members are typically the ones who are entitled to compensation for wrongful death. These include spouses, parents, children, and siblings in some cases. Grandparents might also be entitled to compensation.
The wrongful death lawsuit is not filed by a member of your family but is instead filed by an individual who is responsible for managing the state. The representative is responsible for representing the estate through legal actions. Then, the wrongful death settlement will become a part of the estate.
The Distribution of Assets
How the money is distributed is affected by the settlement negotiations that occur outside of court. For example, some of the payments might be earmarked to cover medical bills that need to be paid such as hospital bills, burial expenses, and other final expenses.
After all of the necessary payments have been made, what is left of the settlement amount will be distributed among family members. Adults who are entitled to payments will be able to decide among themselves how their assets will be distributed.
How to Fight for Your Rights
If you are entitled to compensation, you will need to negotiate with your family members. However, if you are not able to reach an agreement with your family members, you might need to fight for your rights in court.
If you are not sure whether you should go to court, make sure to schedule an appointment with a wrongful death attorney. An attorney will go over your options, will explain what portion of the settlement you should be receiving based on your relationship with the deceased, and will also help you build a solid case that you will then argue in court.
When your case goes to trial, a jury will decide how the settlement will be divided. Minors tend to receive a larger portion of the settlement because they will likely need more support. However, your attorney will explain whether there are any legal arguments that can be used to help you increase your settlement.
Reach out to a wrongful death lawyer to learn more.