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How Are Wrongful Death Settlements Paid Out?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Nov 6, 2020

Read Time: 3 mins

An accident victim’s family members typically originate a wrongful death lawsuit. When the parties agree to settle the matter, the amount will be paid according to the losses they suffered. If this process is not managed properly, the individuals who are entitled to recover damages might not receive their full share. Payments might be delayed or tied up by other claims against the accident victim.

The wrongful death lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represent New York and New Jersey accident victims and their families. We help them to help recover the largest available wrongful death settlements and to manage the payouts of those settlements as quickly and as efficiently as is possible.

How Are Wrongful Death Settlements Determined?

When someone dies due to a car crash, a slip and fall accident, or some other event— the liable party and their insurance carriers will be responsible for the victim’s medical bills, funeral expenses, lost wages, pain and suffering, and other wrongful death damages. A knowledgeable and experienced personal injury lawyer will marshal all of the facts of the case to negotiate the largest available settlement. If it cannot be negotiated, the plaintiff’s attorney will argue the matter in front of a jury.

Which Parties Receive Wrongful Death Payments?

The final settlement amount or jury award will be paid to the victim’s family members and other individuals who experienced losses– most frequently in a single lump-sum payment. In some cases, the negligent party or their insurance carriers will seek to pay out wrongful death damages as structured settlements– disbursed in regular periodic payments. The accident victim’s family should discuss these alternatives with their wrongful death attorney to determine which would give them greater damages recovery.

Are Wrongful Death Payments Subject to Taxes?

To the extent that wrongful death damages are reimbursements for physical injuries and economic losses, they are not subject to taxes. In some cases, these damages will include compensation for non-physical injuries and, in a small number of situations– punitive damages, and those are taxable. To prevent any confusion over tax liabilities, your lawyer can verify that the settlement agreement clearly defines a wrongful death award.

How Can an Accident Victim’s Survivors Optimize Their Damages Recovery?

If an accident victim did not die immediately after suffering injuries due to someone else’s negligence– a wrongful death lawyer might direct the victim’s estate to file a survival action. This would recover damages for any pain and suffering that they experienced, including other damages. These are paid into the estate and then distributed to heirs during the estate administration process.

Family members need to pay close attention to deadlines in survival actions. An estate representative must first be appointed to initiate that action. This means that the estate must be put into probate, and a probate court must approve the appointment of said representative before a survivor action is started.

The statutes of limitations for survival actions in both New York and New Jersey are relatively short. Accordingly, an accident victim’s family should not hesitate to retain a wrongful death lawyer as soon as is possible after an accident or the death of an accident victim.

Contact us for a free consultation

The attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represent the families of accident victims in Rockland and Bergen counties and elsewhere in New York and New Jersey. We help our clients to recover the largest available wrongful death damages. Please see our website or call us to schedule a private and confidential consultation with one of our wrongful death attorneys.

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   LWelsh 
 16 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 139 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 159 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 162 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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How Are Wrongful Death Settlements Paid Out?

Why Trust Us?

Rockland County, New York

Bergen County, New Jersey