In a wrongful death claim, some, but not all compensation is paid directly to the estate. Some compensation is paid directly to the surviving family members and dependents of the deceased. What portion of the settlement goes to each surviving family member depends on a number of different factors.  

Additionally, the personal representative has a legal obligation to name every survivor who would have any legal claim to a portion of any settlement proceeds prior to the proceeds being distributed. Failure to do so can result in that personal representative becoming liable to those unnamed beneficiaries for any settlement proceeds to which they were otherwise entitled to.  

For these and many other reasons, it is extremely important for any personal representative or surviving family members who believe their loved one has passed away as a result of the careless, reckless, or intentional acts of another to discuss the facts of their potential claim with an experienced wrongful death attorney.  

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