QUESTION

Can siblings receive compensation due to wrongful death?

Asked on Nov 30th, 2012 on Personal Injury - Georgia
More details to this question:
Is there any compensation due to siblings in a wrongful death situation?
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11 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Potentially, depending on the situation. See an attorney with details.
Answered on Apr 11th, 2013 at 3:24 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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I am not sure entirely what you are asking. I will assume by the way you worded your question that you are asking whether siblings can receive money if one of his or her siblings due to the wrongful conduct of another person. The answer to your question depends, in part, whether the deceased sibling was married and/or had any children. Under Nebraska law, wrongful death monies are "paid to and distributed among the widow or widower and next of kin in the proportion that the pecuniary loss suffered by each bears to the total pecuniary loss suffered by all such persons." Generally, pecuniary loss means the financial loss that a family member has suffered due to the death of a family member. It is possible for siblings to receive money in a wrongful death claim. However, siblings would only recover if the deceased sibling is not married, has no children (or grandchildren) and his or her parents are both deceased. It should be noted that a wrongful death claim is separate from the claim of the deceased subling's estate, which would include money for medical and funeral expenses and any conscious pain and suffering on the part of the deceased sibling prior to his or her death. These monies go into the estate and get divided according to the deceased sibling's will or the laws of intestacy (what happens if someone dies without a vallid will). It would therefore be possible, depending on the deceased sibling's will or whether he or she had other living relatives, for other siblings to receive money from the estate. If you were asking about the death of someone else then my answers above would not apply. You may want to consult with a wrongful death attorney to discuss your question in more detail as there might be an exception to the general rules set forth above. Most of these types of attorneys offer a free initial consultation so it will not cost you anything to get more information about your rights and options. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaime
Answered on Dec 19th, 2012 at 5:39 AM

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Bankruptcy Attorney serving Overland Park, KS at The Smalley Law Firm, LLC
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That depends on where the siblings would fall in the statute relating to the right to pursue the claim. I suggest you consult with an attorney to discuss the specific details of your situation.
Answered on Dec 05th, 2012 at 4:16 AM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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It depends. If there was a spouse or children, the answer would be no. If there were parents, again, no. The wrongful death statute in California CCP 377.60 sets forth who can be a wrongful death claimant and basically follows intestate succession - the nearest living relative. If you can prove some sort of financial support, you may have some claim.
Answered on Dec 05th, 2012 at 4:16 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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In South Carolina, not if the Decedent had a surviving Spouse or children. Only these next of kin have rights to a wrongful death claim. If there is no surviving spouse or children, then siblings would have a right to proceeds of a wrongful death claim. There is a related action called a survival action, which is for the decedent's own pain and suffering which is distributed pursuant to the decedent's will.
Answered on Dec 03rd, 2012 at 4:35 AM

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Daniel P. Mitchell
When partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters are survivors who may recover for loss of support and services, including in-kind contributions. The decedent's personal representative may recover other damages due to the estate under some circumstances. Of course, collaterals may also recover medical or funeral services paid by them.
Answered on Dec 03rd, 2012 at 4:34 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Children would normally take under a wrongful death action. What is the problem?
Answered on Dec 02nd, 2012 at 10:20 PM

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Dennis P. Mikko
It would depend on the facts. You should consult with an attorney and allow the attorney to review the facts. Then a better answer could be given.
Answered on Dec 02nd, 2012 at 10:09 PM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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Yes, it is possible.
Answered on Nov 30th, 2012 at 10:07 PM

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Ronald A. Steinberg
Whose death? If they are legal heirs of the deceased, then they are eligible.
Answered on Nov 30th, 2012 at 10:06 PM

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Bankruptcy Attorney serving Buford, GA at Kenneth A. Parker, PC
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Possibly but it will depend on if your sibling had a wife or children or if your parents are still alive. Generally speaking, a spouse has the wrongful death claim first, then if goes to children. If there is no spouse or children, then parents generally are next in line then siblings.
Answered on Nov 30th, 2012 at 5:30 PM

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