Wrongful Death Distribution
In a wrongful death action the distribution of damages is governed by the State Code. The class of beneficiaries is fixed as of the date of verdict, not as of the date of death. That is potentially significant if the decedent’s spouse is pregnant at the time of death. Call or contact us for a free consult.
Status Of Beneficiaries
In one decision reported by the Virginia Supreme Court a child who was adopted after the death of the decedent but before the jury verdict was allowed to recover as a statutory beneficiary.
Adoption in general probably cuts off any right to claim under the wrongful death statute pursuant to § 63.2-1215.B. See also Kummer v. Donak, 282 Va. 301 (2011).
As to any beneficiaries that are minors, it is a good idea to have a guardian ad litem appointed to protect the interest of that child.
In some instances there may be beneficiaries who are unwilling to cooperate. It is the role of the administrator to exercise best efforts to achieve that cooperation. It may be necessary to take the deposition of the beneficiary to present evidence as to the losses of that beneficiary. Whatever the loss is potentially increases the overall value of the case. If that beneficiary decides to renounce any rights she may have, then that share would go to the other beneficiaries.
In identifying potential beneficiaries, there may be some children that are legitimate children and others that are illegitimate. Legitimacy is not required to be a beneficiary. In addition a beneficiary of the half-blood, a half-brother or sister, can recover.
Condition of Beneficiaries
The physical and financial shape of the decedent and beneficiary gives guidance to show how the award should be allotted. For instance, if one beneficiary is very poor then the loss from the decedent may have more impact. If the health of the beneficiary is poor and life expectancy limited, that too is a factor. If a beneficiary is guilty of some fault that caused the fatal injury, then that may be a bar to that claim.
Call or contact us for a free consult. Also see the pages on Wikipedia.
There are several other blogs on this site dealing with different aspects of wrongful death:
