I filed a wrongful death lawsuit on behalf of my son, do I have to divide the settlement with his siblings?
My 21 year old son recently passed away due to a mix up in his medication. How long does it usually take for a lawsuit to be proven and settled? And do I have to divide the settlement with his sibblings? He was never married, and had no children. Can his sibblings file a lawsuit on their own?
I am sorry for your loss.
You are filing the suit as what, Administratrix of his estate or personally (Mother and Natural Guardian)? If he died without a Will then the Intestacy laws in Connecticut will apply. According to how I read the law it appears that you will inherit the entire estate and you do not have to share any portion with his siblings. Here is the statute:
Sec. 45a-439. (Formerly Sec. 45-276). Distribution when there are no children or representatives of them.
(a) (1) If there are no children or any legal representatives of them, then, after the portion of the husband or wife, if any, is distributed or set out, the residue of the estate shall be distributed equally to the parent or parents of the intestate, provided no parent who has abandoned a minor child and continued such abandonment until the time of death of such child, shall be entitled to share in the estate of such child or be deemed a parent for the purposes of subdivisions (2) to (4), inclusive, of this subsection.
As for how long it will take it is really too difficult to answer that question in this forum. Your attorney can let you know based upon the evidence and proof. It can take a very long time to come to conclusion.
As for the siblings filing their own suit, usually not unless they were in some way supported by him monetarily. But double check with an attorney in your area.