Alert: Wrongful Death Settlements’ Beneficiary Rewards May Need Review
Distribution of a wrongful death settlement depends on if there is a will and what the courts decide. Those who have a financial interest are generally get beneficiary rewards with help from a review by an attorney for personal injury Clarksburg WV.
A wrongful death settlement provides compensation to surviving family members and others. The distribution of beneficiary rewards will generally depend on whether there was a will and who is considered to have financial interest.
Keep in mind that the representative who files the wrongful death claim on behalf of the deceased’s estate may or may not also be entitled to a portion of the settlement. This also depends on whether he or she had a financial interest.
With so many complications that can arise in a wrongful death claim, it may be a good idea to speak with an attorney for personal injury in Clarksburg, WV. You can learn more about beneficiary rewards and how they may be disbursed in your particular situation.
Recovery of Damages in a Wrongful Death Settlement
Once a claim has been settled, the jury or the court may decide how they are distributed. The laws of your state usually indicate who is entitled to beneficiary rewards in a wrongful death settlement. In West Virginia, the court will award damages according to what it considers fair and just. (West Virginia Code §55-7-6)
The following are examples of parties who may be able to collect on damages in a wrongful death settlement:
• children (including adopted and stepchildren);
• parents; and
• any individual who was financially dependent at the time of death.
If there are no such survivors, then the deceased individual’s will is used to determine distribution of rewards. This legal document stipulates how an individual wished to leave his or her assets.
The awarding of a settlement can sometimes stir up hard feelings or cause discord. Family members or others may try to contest a will or the court’s decision. This is where an attorney for personal injury in Clarksburg WV may be able to help.
Beneficiary Rewards That May Be Available in a Wrongful Death Settlement
A settlement will usually address both economic and non-economic damages. Economic are those that have a specific value, such as the medical treatment the deceased received prior to death. If your loved one was hospitalized, underwent surgery, or received other types of care, the costs for this may be included in the wrongful death claim.
Wages may also be recoverable. Prior to death, if the deceased missed time from work because of an injury related to the incident, that income may be included. Earning potential, had he or she lived, will sometimes be awarded as well.
Reasonable funeral costs are oftentimes included. In some cases burial fees will also be part of the settlement. You could possibly use the money from damages to pay the Davis Weaver or Amos Carvelli Funeral Homes in Clarksburg, WV, for instance.
Non-economic damages address the losses that don’t have a specific value. For instance, a spouse may receive compensation for the loss of companionship, children for the loss of parental guidance. Pain and suffering and mental anguish are other examples.
Attorney for Personal Injury Clarksburg, WV Offers Info You Need Now
To learn more about your legal rights, contact an attorney for personal injury in Clarksburg, WV at The Miley Legal Group. Our law firm will review your case to determine who may be entitled to compensation through a wrongful death settlement.
ABOUT THE AUTHOR: Miley Legal Group
The Miley Legal Group focuses on the needs of our clients, no matter how big or small the case. Our clients get to concentrate on healing from their injuries instead of worrying about what is going to happen next. The Miley Legal Group takes the fear out of the legal process and ensures that our client's legal rights are being protected. Our firm is dedicated solely to personal injury cases such as: car accidents, tractor trailer accidents, defective products and medical malpractice claims.
Tim Miley began The Miley Legal Group with the mission dedicated to providing the highest quality of legal services possible to injury victims. He brings over 19 years of experience and skill to the personal injury cases he represents. He has compiled an organization singularly focused on the legal rights of injured people and has helped clients achieve in excess of over $10 million in settlements and verdicts.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.