If a settlement is made after a wrongful death action is commenced, the settlement is approved by the circuit court where the action is filed.
When a wrongful death claim is settled prior to filing suit or if any of the people entitled to share in the settlement are minors or legally incapacitated, distribution of the proceeds are subject to probate court approval.
No matter the court, time and again we notice that what is most ignored is that wrongful death proceed distribution must be fair and equitable. If you do not believe the proposed distribution related to your loved one’s passing is fair and equitable call today at (248) 663-2566.
There really is no formula to determine what a fair and equitable assessment of damages related to the loss of a loved one’s society and companionship. Typically, the measure of damages determined by the relationship the decedent had with the claimant which will have great focus on the amount of time the decedent and the claimant spent together.
If you do not believe the proposed distribution is fair and you are the deceased’s spouse, child, grandchild, parent, grandparent, brother, sister, and, if none of these persons survived the deceased, nieces and nephews we are here to fight for your fair share.
Call today for a free consultation at (248) 663-2566.