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West Virginia Petition for Approval of Settlement of Wrongful Death Claim in Which Minors are Statutory Beneficiaries

State:
West Virginia
Control #:
WV-RH-209-09
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A09 Petition for Approval of Settlement of Wrongful Death Claim in Which Minors are Statutory Beneficiaries
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FAQ

A fatal Injury action is usually brought by a 'Statutory Dependant'. The phrase 'statutory dependant' includes a spouse or a partner where that person and the deceased lived together as a married couple might for 3 years or more prior to the death.

If you or a representative of your loved one's estate files a wrongful death lawsuit against the individual who caused the death, you may receive a financial award, but an insurance company will most likely make the payment.

If there is a spouse and no children, the surviving spouse will get 100% of the proceeds. If there is a surviving spouse and 1 child, the proceeds will be split equally. If there are 2 children and a surviving spouse, the proceeds will be divided 1/3 each.

While some may settle quicklyeven in a matter of monthsother personal injury or wrongful death lawsuits can take an average of one to four years to resolve. Even if your case does not go to trial, settling your case takes time (while we perform a thorough investigation of your case).

Statutory beneficiary means the surviving spouse or dependent child or children of a member of the highway patrol officers', municipal police officers', or firefighters' unified retirement system who are statutorily designated to receive benefits upon the death of the member.

The average wrongful death settlement ranges from $500,000 to over $1 million. A typical wrongful death settlement depends on the circumstances surrounding the case. Your settlement may be more or less than average.

If there are surviving parents, but no spouse or children, the parents will share the money equally. If the person's spouse and children survived them, the spouse will get the first $30,000. They will also get half of the settlement that remains. The other half will be divided equally between the children.

Average Wrongful Death Settlement Some wrongful death cases settle for ten's of million of dollars while others may settle for under a million.

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West Virginia Petition for Approval of Settlement of Wrongful Death Claim in Which Minors are Statutory Beneficiaries