Long Grove, IL asked in Wrongful Death for Illinois

Q: In a wrongful death case with multiple heirs, are damages always divided equally?

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1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Chicago, IL
  • Licensed in Illinois

A: There are VERY few rules that "always" apply. The closest you come to always in this situation is that the heirs decide among themselves. BEFORE any funds can be distributed, the Judge MUST approve the distribution which he will ALWAYS do provided that all heirs are in agreement. The most common default where all heirs are children or all heirs are siblings is equal distribution. Whether you are the special administrator/ administratrix or not, you are paying the attorney who is prosecuting the action. Ask the attorney about YOUR situation. By the way, you are talking about the distribution of the "recovery." "Damages" are the medical and other bills incurred by the decedent while he/she was alive, usually for medical care.

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