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This may vary from state to state because such distributions are governed by statutes of the individual states. A general rule is that wrongful death proceeds are distributed to the spouse and dependents of the decedent not to the decedent's heirs or beneficiaries under a will. The reason for this is that proceeds of a wrongful death action represent the support that the spouse and dependents would have received from the decedent had he not been killed. It is entirely possible under the terms of some wrongful death statutes that emancipated children could receive less than dependent children simply because the emancipated children would not have received any support therefore they did not lose anything. It is vital that the statutes of the state involved be understood, since the process depends strictly on the terms of the statutes and they vary.
What else can I help you with?
Who pays medical bills in wrongful death suit if estate has no money?
It would be relevant to know how this person died and who is being sued for wrongful death. Conceivably, if the wrongful death suit is won and a payment is made, then the plaintiff in the suit (presumably, a relative of the person who died) would be in a position to pay medical bills, although if the doctors are being sued for wrongful death it may not make sense to also pay their bills. If the suit fails and there is no settlement, and the estate has no money, then the medical bills do not get paid. Not every bill can be collected. Sometimes they have to be written off as noncollectable.
What is the statute of limitations for wrongful death claims in Nevada?
States have varying time frames in which a wrongful death suit can be brought. In Nevada an action for wrongful death must occur within two years to the day after the death.
When does a wrongful death lawsuit go into effect?
When the suit is filed and the opposing party has knowledge of the suit.
If you have a civil wrongful death before you are married is your spouse responsible?
if you have a civil wrongful death suit before you are married can your new spouse be held responsible
Where can you file a wrongful death suit?
A wrongful death suit is normally filed by a family member. If a criminal trial is being pursued, it could go in conjunction with that. If not, it can be done on it's own. It should be filed in the state and county of the actual death.
What is a wrongful death statute?
A wrongful death statute is a state which provides relief from the common law rule that the death of an individual cannot be the basis of a cause of action in a civil suit.
Who can file a wrongful death suit in Georgia?
The surviving family members with a lawyer help.
Does death of plaintiff extend Statute of limitations?
It may for a civil suit if it was a result of the action being sued for. It may have to be converted to a wrongful death suit for the estate.
Where can I find listings of Wrongful Death attorneys in Miami, Florida?
Wrongful death is a claim against a person who is held liable for the death of another person. Because a dead person cannot file a suit, a close relative is the one who brings about civil action. You can find wrongful death attornys in Miami at the folowing website: http://www.yellowpages.com/miami-fl/wrongful-death-attorneys
What does a Wrongful Death law suit involve?
A wrongful death law suit is a common law suit against a party that may be held liable for a death. They can be brought by families who have not been able to get justice through criminal law, or where a death is caused by negligence or other causes. For instance, wrongful death suits have been pursued against tobacco companies.
Who can file Wrongful Death Suit in Arkansas?
The estate of the deceased can always bring suit. Anyone that was injured by the death, typically a spouse or a child. And the guardian of a minor can bring it on behalf of the child.
Do you pay taxes on a wrongful death claim?
I was told on any money you get from a wrongful death suit you do not have to pay taxes on. Because you are being compensated for something you lost and can never get back. However; you should ask a tax consultant to be for certain, like H&R Block is the best ones to ask and they pay for mistakes that they make so go to them and have them do your taxes for you. Its worth the money you spend for them to file for you. :)
