Q: How should the proceeds from a wrongful death settlement be fairly divided between, spouse, minor child and parents?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Maryland
- (800) 553-8082
- View Profile
- Answered
A:
It should be divided based on the loss each victim endured. The mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, parental care, attention, advice, counsel, training, guidance or education which the surviving has experienced or probably will experience in the future plus any economic losses.
How do you calculate that number and split up a settlement based on that? It is really hard. And your lawyer cannot choose among her clients and suggest a split. The family either has to have separate lawyers or come to a mutual agreement on how it should be split.
Mark Oakley agrees with this answer
A: The family needs to come to a mutual agreement among themselves, or likely everyone is heading to separate lawyers and a court trial on damages. If the child or children of the decedent are minors, it gets more complicated because a legal guardian needs to be appointed and the court has to approve the division. The lawyer for the family claimants, if representing all in the claim for purposes of recovery, cannot ethically get involved in determining how to split up the money and apportion it among the competing claims.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
