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I would need more information to give you a specific answer to your question. You are apparently the personal representative of what seems to be your late husband's estate. That does not mean that you are the sole recipient of the wrongful death recovery, even if your husband left a will...View More
The attorney I hired, went around me to beneficiaries and they thought they were signing for another family member to sit in front of jury. They didn't know what they signed, the lawyer induced the person who set up estate after me into settling. Lawyer accepted settlement without authority. A... View More
I would need more factual information before I could give you any meaningful advice. The personal representative has the authority to settle the case. If you were in the class of persons entitled to make a claim for damages, you had a potential claim for damages from the wrongful death settlement....View More
My mom is about to receive a "wrongful death" settlement for the death of my grandmother. My grandmother was also already going through the process of sueing before she passed. My grandmother did not have a written will, but my mom was her medical power of attorney. My grandmother also... View More
Yes, he can fight to receive a share of the wrongful death settlement. Whether he is successful depends on the facts, particularly the nature of his relationship with your grandmother. In West Virginia, a judge must approve the amount of a wrongful death settlement, the amount of the...View More
There is no way to answer your question without more information. When did your father die? Did he leave a will? Was his death due to natural causes, or as a result of a wrongful act? Is your grandmother the personal representative of the estate? Who are the attorneys, whom do they represent, and...View More
She handed me a paper which had a court date and time on it ,low and behold I recognize the court hearing for my dad's wrongful death lawsuit was 15 min after receiving the paper. There was no way I could have even made it there In that amount of time. Therefore the hearing went on without me... View More
My stepfather filed the claim for my mother's wrongful death. They have no children together. She left a will that provided first for my step father, second for my sister my brother and myself. Will the settlement award be treated like a intestate succession or will her will dictate how the... View More
Wrongful death beneficiaries and the distribution of damages for wrongful death are determined by statute in Virginia. It is separate from the decedent's estate (not an inheritance) and does not fall under the will. While your stepfather can qualify to be the personal representative for the...View More
My brother started a lawsuit against a drug company after our mother died because of the medicine she was given while on dialysis. Are my other brother and I entitled to money that is won, they want to settle out of court? My brother seems to think that he'll get all the money and can disperse... View More
Yes, our WV injury law firm handles wrongful death claims. In West Virginia, the statute of limitations for a wrongful death action is 2 years, from the date of death, per WV Code Section §55-7-6.
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