How to prove Non-Economic Damages in a Wrongful Death Suit?

Asked about 1 year ago - Charleston, WV

My grandmother was killed in a car accident. We are in the Non-Economic Damages stage of the lawsuit. Some of my grandmother's children have not spoken to their Mom before her death very frequently or they used her for her money. How do we prove that in our case when distributing the money? We have no intentions on leaving them out for their loss, but the bottom line is their being greedy. They are only interested because of the money or they would still be using their mother for her money or even stealing from her. We just believe it's not fair for them to get a huge lump sum when they never appreciated their mother when she was around. Needing to know some guidance to prove these facts. Thank you for your time!

Attorney answers (3)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Your lawyer would be best suited to come up with a resolution.

  2. Daniel Nelson Deasy

    Contributor Level 20

    2

    Lawyers agree

    Answered . A personal injury attorney that handles wrongful death cases is the person who can best answer any questions about damages!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. Charles Horne Cooper Jr.

    Contributor Level 8

    Answered . In most states, there are two stages that the beneficiaries of an estate go through: the lawsuit against the wrongdoer (where a jury or judge awards damages, including non-economic damages) and the probate process (where a probate judge distributes the estate, including the money awarded in the wrongful death lawsuit). From your description, it sounds like you're in the first stage. If so, the focus should be on obtaining the most non-economic damages that can be awarded - don't focus on the individual family members who didn't treat their mother very well. When the time comes (in the second stage, with the probate court), you will be able to challenge whether some of the kids deserve a significant portion of the estate.

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