You each need to have a conversation with your attorney. Ultimately it is up to you to decide how the proceeds should be split. If you can't agree, there is a possibility that the money could be held until a court decides. It would be best for all of you to figure it out amongst yourselves. Best of luck.
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Best bet is to have the lawyer contact the siblings since you are not talking with one another. Make sure you don't sign the settlement agreement unless you agree to the fee and costs being deducted. Many lawyers take large and unreasonable fees and bill the costs to their clients instead of taking the costs from their portion.
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I would recommend using the attorney handling the case as an intermediary. If the communication has ceased between you and the members of your family, the attorney will be able to bridge that gap and educate you on the best course of action.
Ilya D. Frangos, Esq.
Law Offices of Galine, Frye, & Fitting
411 Borel Ave., Suite 500
San Mateo, Ca 94402
Please be advised that my responses to questions on Avvo are meant for informational purposes ONLY and do not create any type of attorney-client relationship or preserve any rights and statutes relating to the individual claim.
If the matter were to proceed to trial, the jury would evaluate the extent of each claimant's damages separately, which is based generally on the loss of love, affection and companionship of the deceased. If there is limited insurance money, it would be divided in proportion to the damages award. In trying to reach a settlement, an equal division is usually the easiest agreement to make until one claimant decides they are entitled to more. Sometimes these claims can be resolved at a mediation. If you are represented, speak to your attorney about the best strategy. If you are not represented and there is not agreement as to proportional shares, you will need to talk to a personal injury attorney.
i agree with the other counsel's responses
Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.
If the siblings are the only beneficiaries then I suggest that they should all get one third with the proviso that if one of the siblings stayed with the parent an inordinate amount of time and lost wages as a result of the incident, then that sibling should be made whole and then the rest of the money should be split equally. There are many other ways, such as let the poorest of the sibling take the largest share, but each family is different, so in the end it is up to each one of you to instruct your lawyer what your position is and to submit it to the lead lawyer. Best of luck.
This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
If you all cant agree, the atty should get all to agree to a binding arbitrator to hear each childs claim and determine the value. Then the arbitrator will allocate pro rata based on the relative value assigned to each party. All should share in arbitrator's costs.
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