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Wrongful Death Related Questions

What is wrongful death?

Wrongful death is the demise of a human being as the result of a wrongful act of another human being. Wrongful acts can include: negligence, an intentional attack, a death in the course of another crime, vehicular manslaughter, manslaughter or murder. A wrongful death lawsuit is the basis of a wrongful death action against the party who caused the death by a wrongful act they may have committed. The plaintiffs of the case would be the members of the family who lost the company and support of the deceased. Circumstances surrounding a wrongful death can be confusing to individuals involved. Uncertainties of what wrongful death is or who receives the funds from a wrongful death settlement often lead to questions like the ones answered below by Experts.

What happens after the wrongful death settlement is received?

The wrongful death settlement money will be paid to the surviving spouse or the plaintiff of the case. This will be reported as income for taxing purposes. The surviving spouse can have the settlement money paid into a trust to reduce the tax burden.

In the event of a wrongful death suit, or some Litigation which occurs on behalf of a decedent, would the suit be most likely filed on behalf of the estate of the decedent or can a child file a suit for their own benefit?

The wrongful death lawsuit would be filed by the estate. Many times the child is granted executor of the estate. This should be filed while the estate is open. Typically the damages an individual files suit for include pain and suffering along with punitive damages. Often the costs and legal fees are also included.

In a wrongful death claim does probate have to be opened and who gets the wrongful death settlement funds?

The executor of the estate is the only person that has the legal standing to bring a wrongful death action. With that being said probate will have to be opened in order to file a wrongful death claim. Distribution of the wrongful death settlement will depend upon certain factors and the specifics of the wrongful death case.

Can a wrongful death of a civil trial begin before the defendant, who has been arrested and charged with capital murder, has been tried in criminal court?

A wrongful death suit can begin before a defendant has been convicted. Most chose not to pursue a wrongful death case until the evidence against the defendant is known. However if the statute of limitations is ready to expire then a wrongful death suit may be started before the evidence is presented so as to be within the time frame to file suit.

Gathering the right facts along with a clear understanding of wrongful death can help when dealing with questions surrounding wrongful death situations. Experts can help answer what wrongful death is or who is in charge of filing a wrongful death claim. Get the answers fast and affordably by asking an Expert.
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