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Could a lwayer determine how the money is split among the family in a wrongdeatseh settlement?

Chicago, IL |

my mom died and her death is considered a wrongdeath,due to that the hospital offered a settlement,but i want to know how that works could a lwayer just determine himself what percent of the share everybody gets.Or could the adult children also have a saying?because supposely my stepdad said that the lawyer stated that by law the spouse gets 50% and the other 50% is splitted by the 5 kids is that true?i dont want my brothers and me to get rippied off,i think we should all get the share equally

Attorney Answers 3

Posted

No lawyer can do a distribution, it takes a judge. And, as we said in your prior post, a 5o percent attorney fee would be highly unusual.

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3 comments

Asker

Posted

thank you i apreciate it

Alan James Brinkmeier

Alan James Brinkmeier

Posted

Good luck. You should get your own lawyer. FAST

Asker

Posted

im sorry but why do you say i should get my own lawyer?if i dont is there a chance my brothers and me could get rippied off?

Posted

go hire a personal injury lawyer now. usually they take one third of the recovery.

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Posted

I am sorry for your loss. I am not in your State. Here is a link for you though which discusses your issue. The answer is provided by statute.

I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.

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1 comment

Gary A Kester

Gary A Kester

Posted

(740 ILCS 180/2) (from Ch. 70, par. 2) Sec. 2. Every such action shall be brought by and in the names of the personal representatives of such deceased person, and, except as otherwise hereinafter provided, the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person. In every such action the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, including damages for grief, sorrow, and mental suffering, to the surviving spouse and next of kin of such deceased person. The amount recovered in any such action shall be distributed by the court in which the cause is heard or, in the case of an agreed settlement, by the circuit court, to each of the surviving spouse and next of kin of such deceased person in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person.

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