wrongful death settlements Damages for wrongful death may be available for the wife,
husband, parent, and child of the deceased person? Damages are available for the
estate of the deceased as well. The claim can be made against the driver, and/or owner of
thecar that caused the accident. If the other driver and/or owner of the car did not
haveinsurance, an Uninsured Motorist Claim can be filed if this coverage exists. Family
membersof the decedent can sue for the loss of companionship, loss of services, loss of income
and otherlosses. Typically, the settlement is shared by members of the family and
the amount ofeach share is either agreed upon by the family members or decided by the judge.
In presenting a death claim, its necessary for the professional to essentially feel he
knows the dead person and the way he or she lived life to the fullest.
Wrongful Death Settlements
Your family member died as a result of someone else’s carelessness. even though both sides to a lawsuit may agree to settle your case for a particular amount, you cannot finalize your case until the surrogate’s court has given final approval for your settlement.
There is a specific reason for this.
The surrogate’s court is a court that oversees the estates of people who have died.
They are responsible for making sure any money that goes to the surviving family members are distributed correctly.
They want to see a lot of paperwork explaining why the case was settled and why it was settled for a particular amount.
The court also wants to see all details about who is going to be getting the settlement money and how it is going to be distributed.
You might think this is random or the amounts to distribute are picked out of thin air.
This would be inaccurate. There are specific formulas and guidelines that the courts require us to use when preparing the paperwork
to submit to the court when seeking final approval of your wrongful death case. In years past, after all, sides agreed to settle a case, it would take many months to put together the necessary papers to submit to the court for approval. During that time, the insurance company would get the benefit of holding on to your money for many months until all the paperwork was finalized and they were then required to turn over the settlement funds.
In recent years, the law has changed.
Now, shortly after all sides agree to settle your case, your attorney can apply to the court for permission to obtain his attorney’s fees and his attorney’s expenses. The money that is to be distributed must then go into a special trust account known as an attorney escrow account.
This means that any interest that is generated is for the sole purpose and benefit of you, the client.
As soon as the surrogate’s Court approves the settlement we can then cut your check and distribute the money as the court directs. This new process eliminates the waiting time associated with how things were done for years in the past.
That is why the attorney will apply to the court for his fees and for his expenses at the same time the remaining amount to be distributed goes into his attorney trust account to await final approval for distribution.