Wrongful death settlements. There are 3 siblings,, I am told in California the money will come via 1/3 for each of us.

Asked over 1 year ago - Los Angeles, CA

Why are the wronful death payments sent in installments? I was told in California, its the law that each of us will get 1/3 each, that there are 18 lawsuits, and as each case is won, the money will be divided up. None of us will contest the 1/3, we are all in agreement. Does the Firm get paid there 40% first? How do they get there money, do each of us get to say that we each will accept the offers, or does one of us get to accept and the other two have to live with the decision. Thank You

Attorney answers (4)

  1. Ian A. Scharg

    Pro

    Contributor Level 10

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    Answered . You will need to look at the initial retainer agreement to see how the fees are figured (i.e. if they are before costs or after costs). In regard to the installment payments, it depends on what the terms of the settlement says.

    You will need to look at the documents to shed some light on your question. Has your case settled?

    Best of luck

    This is not legal advice and does not create an attorney-client relationship. You should consult an attorney if... more
  2. Joseph Jonathan Brophy

    Contributor Level 20

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    Answered . Settlements in certain kinds of cases, especially asbestos cases, tend to come in dribs and drabs. Generally there is one person who is the legal representative, and that person signs off on each payment as it comes in. The attorneys will generally take their fee and expenses on each payment and distribute the rest, sometimes reserving a percentage for future expenses. This is general information. You need to discuss the details with the lawyers you hired.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  3. Eric Jerome Gold

    Pro

    Contributor Level 19

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    Answered . These are questions that you should be posing to your attorneys in the WD cases. They should be able to explain everything to you. As well, you should refer to your retainer agreement which should spell out the responsibilities of each of you.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more
  4. Steven Mark Sweat

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Whether or not settlements are paid in installments or in a lump-sum on a wrongful death claim in California, depends upon the terms of the settlement agreement. You should speak with your attorney about this.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more

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