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If the amount cannot be agreed upon in a negotiations between the insuror and the beneficiaries then it usually winds up going to trial in civil court where the amount will be determined by a judge (in the case of a bench hearing) or by jury (in the case of a trial).

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Q: How are wrongful death settlement amounts determined when there is a spouse and child?
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Related questions

If your biological children were killed and your spouse is not the biological parent can your spouse get half of the settlement in a wrongful death suit?

Your spouse may have rights if the children were legally adopted by her/him. Generally, if there was no legal adoption they wouldn't be entitled to any award or settlement. You should consult with an attorney.


If you have a civil wrongful death before you are married is your spouse responsible?

if you have a civil wrongful death suit before you are married can your new spouse be held responsible


If a spouse is found guilty of wrongful death are they still entitled to their spouse's estate or does it go to the children of the deceased spouse?

That would probably depend upon the laws of the state you are in.


Can you file a wrongful death suit on behalf of your same-sex spouse?

Depends. In the few states which recognize gay marriage - where you are legally your deceased spouse's next-of-kin - yes. Elsewhere, you would have to be Executor of the deceased's estate to bring a wrongful death claim.


Is a spouse entitled to settlement money?

Depends on the situation. Is there any adultry, abuse or have you moved out of the home or your spouse?


Is it possible for spouse to take half of your 401k in a divorce settlement?

YES


Is a spouse entitled to any part of a personal injury settlement in a divorce?

Yes, a spouse may be entitled to a part of a personal injury settlement in a divorce. This depends on the laws in your state and how long you have been married.


Can my spouse spouse receive half of my Social Security back pay in the divorce settlement?

No. Because it is the persons case based on their work history


Can a divorced spouse claim ex-husband's property after his death if there was a property settlement during the divorce?

It depends on the specific terms of the property settlement and any subsequent agreements or court orders. Generally, if the settlement specified that the divorced spouse relinquishes any claim to the ex-husband's property after his death, they would not be able to claim it. However, if the settlement did not address this issue or if there were changes made to the agreement afterwards, it is possible that the divorced spouse could still claim the property.


In New York State is spouse entitled to Workers Compensation Settlement in divorce?

yes


Can a spouse refuse to contribute financially to mortgage and utilities then still get half in settlement?

Yes, a spouse can refuse to contribute financially and still get half in a settlement depending on a couple of factors. The first is how long you have been married and the second is what state you reside in.


Do children of a deceased father get as much as the spouse in a wrongful death case?

You would need to check the laws of intestacy in your state at the related question link below.