Did you know that every year roughly 32,000 individuals die unintentionally in car accidents? While this might be the most common form of wrongful death, it’s far from the only one.
Medical malpractice, unsafe work conditions, and violent acts are just some of the other types of wrongful death circumstances. If someone you know died because of someone else, then you’re probably wondering, Who gets the money in a wrongful death lawsuit?
If you want to learn the answer to this question, and more, then you’re in the right place. In this article, we’ll teach you everything you need to know about this type of lawsuit. Let’s get started!
What is a Wrongful Death Lawsuit?
Before we learn about who gets the money it’s important to first understand exactly what a wrongful death lawsuit is. A wrongful death lawsuit is a specific type of personal injury lawsuit.
It occurs when someone dies due to either the negligent or intentional actions of another person. There can be a variety of different reasons for filing a wrongful death lawsuit. For example, let’s say a motorist hits someone on a bicycle and kills them.
The deceased’s estate could bring forward a wrongful death lawsuit against them. Or, let’s say that a nurse shows up to work while under the influence of drugs.
While under the influence they give a patient the wrong type of drugs and kill them. In this scenario, both the nurse and the hospital, are responsible for the wrongful death.
What Types of Damages Can You Get From a Wrongful Death Lawsuit?
There are a variety of different damages you can seek to claim in the event of wrongful death. Keep in mind that the specific damages that you’re rewarded will depend on the facts present in your case.
It will also depend on the skill of the attorney that you hire. However, some of the common types of damages include:
- Expenses for hospital and medical bills
- Funeral and burial expenses
- Administration expenses related to the estate
- Any expected income that is lost due to the death of the individual
- Any inheritance that may have been lost due to the death of the individual
- Damages related to losing comfort, guidance, and support offered by the individual
- Damages related to loss of companionship and love
- Punitive damages if it was caused by wrongdoing or negligence
Who Gets the Money in a Wrongful Death Lawsuit?
Hopefully, the deceased left behind a will that dictates how they want their money, and any proceeds from the wrongful death settlement spread out amongst the estate.
However, what happens when there isn’t a will left behind? In this event, then some guidelines dictate how the money should be distributed. If there’s a spouse, but no children, then the spouse will receive 100% of the proceeds.
If there are both a spouse and children left behind, then 50% of the proceeds go to the spouse. The other 50% are divided evenly amongst the children.
If there are children, but no spouse, then the proceeds are divided evenly amongst the siblings. If there are parents, but no spouse, children, siblings, or grandchildren, then the parents receive 100% of the proceeds.
If there are parents and siblings, but no children, grandchildren, or spouses, then the proceeds are divided between the parents and siblings. If one of the parents is deceased, then the other parent will receive their share.
Finally, if there are siblings, but no parents, children, spouse, or grandchildren, then they’ll receive the proceeds. Keep in mind that this system isn’t cut and dry.
Rather, it’s a rough draft that most states use to determine who gets the money. At the end of the day, the court will decide exactly how the money is distributed.
How Long Does a Wrongful Death Lawsuit Usually Take?
There is no clear answer for how long a wrongful death lawsuit is. It varies from case to case. We can say that if the case is settled out of court through insurance companies, then it usually goes a lot quicker.
In these events, the case will usually take a few months, or up to a year. However, if the case goes to trial, then you can expect it to take a lot longer. Usually, it will last for years before a verdict is ever reached.
And, remember that there’s no guarantee that you’ll get money if it goes to trial. There’s a chance the judge and jury could rule against you. As such, you must find the best wrongful death attorney possible.
How to Find the Best Wrongful Death Attorney
We recommend asking around your network for an attorney first. If there are no leads, then you can turn to the internet. Just make sure you pick wrongful death attorneys that specialize in these types of cases.
Ideally, they should have both experience and a good track record of winning cases. That’s one of the main benefits from Reasonover Law. They combine experience with skill when it comes to wrongful death cases.
Be careful around lawyers that promise too much. If it seems too good to be true, then more often than not it is.
Want More Content? Keep Reading
We hope this article helped you answer the question, Who gets the money in a wrongful death lawsuit? As you can see the money goes directly to the survivors of the victim.
And, while money can’t undo the damages caused, it can make things easier for the people suffering. As such, you should contact a wrongful death attorney today so that you get the money that you deserve.
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