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Workplace Injury Frequently Asked Questions

WARNING: All of the information provided here is of a general nature only. The specific facts of your case may require a completely different answer. Do not base any decision with respect to your case solely on any of the answers found herein. Prior to making any decision with respect to your case, you should speak with a competent attorney who is familiar with the laws that relate to your case.

If we decide to settle the claim, how will the beneficiaries divide up the money that is available?

If the beneficiaries are unable to agree, the Court will be forced to decide. (see the discussion above under who gets the damages). As set forth above, minor beneficiaries will almost always be given preferential treatment. It is always better to try to work it out if possible as opposed to letting the Court decide.

 

Also, for practical reasons, the administrator or the attorney for the estate will need to speak to any ‘fringe’ beneficiaries about either renouncing their share entirely, or accepting a very small share of the money, and signing any proposed distribution Order before sending any such Order to the Court. By “fringe”, we mean, for example, children who had little or no contact with a deceased parent prior to his or her death. Another example would be a father who had visitation with a deceased child, but rarely interacted with the child prior to the death of the child.

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Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.