Assuming that the settlement was in connection with the crime committed if the individual was convicted he or she would have no claim to any monetary recovery that was granted. State law does not allow convicted persons to profit from their illegal acts.
He was awarded an undisclosed amount in final settlement.
You theoretically can but you probably won't. Punitive damages are rare and require an extreme situation.
The settlement would depend upon the wording of your policy. You must read the policy to figure out what the maximum settlement might be.
The average amount granted in a wrongful death settlement depends on many factors. First, you must consider the state in which the case was filed. Certain states may not put a cap on non-economic damages such as pain, suffering, and mental anguish which the victim's survivors experience. Of the states that do put a cap on non-economic damages, the amount may also vary depending on the type of wrongful death case. For example, Florida limits non-economic damages to 1 million dollars against medical practitioners in wrongful death situations and 1.5 million against non-practitioners. This state and others may also limit the amount of non-economic damages awarded for situations that arose from emergency medical care to $150,000 against practitioners and $750,000 against non-practitioners. Other factors considered in determining settlements in most states for wrongful death cases include: · *Mental pain and suffering of survivors (see above for explanation); · The character of the victim; · Medical and support services from the date of the victim's injury to his or her death; · Funeral expenses; · Lost parental companionship, protection, and nurturing, for any surviving minor children; · Expected earnings of the victim from the time of death to retirement age; and · Loss of employment related benefits (pension, medical coverage, etc.). There are also punitive damages to consider in certain states. Punitive damages are those ordered by the court to punish the party at fault and discourage similar negligent or intentional behavior in the future. This is where you often see rather high settlement amounts as the jury will consider the net-worth of the defendant (though this amount can be reduced by the judge). If you have a wrongful death settlement against a multi-billion dollar corporation, you will generally see a higher settlement figure than against an individual medical practitioner or a small business. As you can see, it is impossible to give an average amount for a wrongful death settlement without knowing at least the state the case is in and the situation that led to the wrongful death. Additionally, the condition in many settlements is confidentiality and these figures are never made public.
See the following Web site for a complete answer: http://en.wikipedia.org/wiki/No_fault_insurance
Usually, personal injury attorneys work on a "contingency fee." The fee is a percentage of the reimbursement awarded to the client when the settlement is won. In the case where a settlement is not awarded to the victim, the attorney received no money and the client is expected to pay for court fees, office expenses and postage, which varies according to the case.
my husband will receive all the money also if there is no will.
The settlement would pass to that person specified as the beneficiary of the settlement in the Will by the testator. If the settlement was not specifically mentioned it would pass to the heirs under the residuary clause of the Will. The residuary clause devises any property that was not specifically devised in the Will. If there is no residuary clause in the Will then that settlement would pass according to the laws of intestacy in the jurisdiction.
Unfortunately, because most accident insurance settlements are kept confidential, it is impossible to know the largest settlement amount awarded in history. Settlement amounts typically vary by how much insurance one has on their vehicle, and the amount of damage done to the car and passengers.
It depends on the attorney. Usually, auto accident attorney's will wait until a settlement is awarded and take a percentage of that award as fees.
Your question implies that your association and its board pursued a cause of action -- whether through negotiation, mediation or a court of law -- and was awarded a cash settlement. Realistically, based on the cause of action, the monies awarded were awarded based on a series of claims that included evidence. The monies, therefore, are best applied to cure the basis for the claims. Any excess funds can be disposed of based on the best advice given to the board. If you believe that you are being denied funds due you as an owner in this process, your best advisor will be your association-savvy attorney.
Yes. Child support will be awarded to the custodial parent if the couple are the biological parents of the child.