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Estate and Personal Representative in Wrongful Death

When a person dies, and leaves behind anything that is worth money, the law creates an “estate.” If John Doe dies, then it will be called “The Estate of John Doe.” For example, you may sometimes see “Estate Sales,” where the possessions of someone who has passed away...

The Myth of “Cashing In”

You should be aware that insurance companies have been engaging in a well-financed advertising campaign for over 30 years to try to convince the general public that injury lawsuits and wrongful death lawsuits are simply about greedy people trying to “cash in” on a...

Why Pursue A Wrongful Death Claim?

Before discussing wrongful death laws, let us focus for a minute on the propriety of bringing a wrongful death lawsuit in the first place. There are some who think it’s wrong to accept money because someone died. We understand that accepting money due to the...

Is Murder the Same As A Wrongful Death?

As mentioned in previous blog posts, a criminal case is separate and independent from a civil case. Some deaths result in only a criminal case (murder or manslaughter), but no civil case. Others may result in a civil case (known as wrongful death) but no criminal...

Who receives the award? Must it be shared by the entire family?

Like most things in law, this is not always clear-cut. The law simply states that proceeds shall be distributed “in accordance with each beneficiary’s loss.” In many cases, the beneficiaries can all agree to a distribution. If this is not possible, a judge will...