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Article Directory :: Legal Articles
It's a difficult time when you've lost a loved one unexpectedly because of the negligence of another person. In cases such as these, the surviving family members may seek to bring a wrongful death lawsuit against the parties responsible for their loss.
Determining a beneficiary can vary from state to state, so it's best to consult with an attorney in your area to determine the proper circumstances for your family. Generally, the beneficiaries are determined in order of their dependence on the deceased, but each case is different depending on the nature of their relationships.
There are also states that allow only an estate representative to file a wrongful death lawsuit. This person may be established as a personal representative through the deceased's will, or a representative may be appointed by the court.
Immediate Family Hierarchy
Typically, the surviving spouse is the person who brings forth the wrongful death lawsuit, and is also the main beneficiary of the settlement. In the case of the spouse also being deceased, this responsibility then passes either to the surviving children of the deceased, or if no children/spouse are present, the surviving parents of the deceased.
As you can already see, beneficiaries are largely determined by the deceased's remaining family. Things get more complicated when the children of the deceased are minors and there are no other surviving parents. In these cases, they are still the beneficiaries, but the settlement is normally put into a trust until they are of a certain age.
In the event no parents, spouses, or children are present, the beneficiaries of the wrongful death lawsuit in most cases pass to the deceased's siblings. Some states also recognize other family members (aunts, uncles, cousins, etc.) that are financially dependent on the deceased for support.
It's a Case-by-Case, State-by-State Basis
Generally, the rule of thumb for determining beneficiaries in a wrongful death lawsuit is that the more dependent the family member was on the deceased, the higher they are on the list of beneficiaries. In large families or cases with complicated family structures, a wrongful death attorney is almost absolutely necessary to ensure your family is properly compensated.
Depending on legal documents dealing with the deceased's estate, the rules for beneficiaries may be altered to follow their wishes as outlined in a will. Again, it's all relative to the state where you are filing the wrongful death lawsuit.
You must also be mindful that some states impose a limit on the amount of damages that the beneficiaries may collect from a wrongful death lawsuit. This limit can cause a stressful battle over division of an estate to become even more stressful when the settlement amount is suddenly cut short by state limits.
It's in your best interest to work with an experienced attorney in these matters to minimize the confusion and obtain a fair settlement in a wrongful death lawsuit.
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