[WSBAPT] How does one apportion a settlement among beneficiaries in combined 1) survival action and 2) wrongful death

[Andrekita Silva]

Law Office of
F.ANDREKITA SILVA …
_________________________________________________________________   
1325 Fourth Avenue, Suite 2000                                   
Telephone: 206-224-8288
Seattle, Washington  98101                                           
www.seattle-silvalaw.com
 
                                                                        March   
19, 2020
 
 
Listserve,
 
Can someone give me guidance on the apportionment and/ or distribution  
of settlement funds from a civil action for both 1) survival claim-  
for lost future earnings of deceased, etc. and 2) wrongful death, for  
parents losses, non pecuniary and potentially pecuniary.
 
The beneficiaries are divorced Mom and Dad, who are in very different  
positions.
 
Dad is a foreign national who had good long distance bond, but less  
involvement during child’s life, and received some financial support  
from adult child in last couple years. Custodial Mom not financially  
dependent but raised adult son in the U.S. and pretty clearly  
traumatized by adult son’s untimely death.
 
Since no jury to say what part is 1) lost future wages , 2) emotional/  
psychological damages, 3) compensation for lost financial support, etc.
 
Is there a statute that says how a settlement is apportioned?
Must a neutral be retained to make determination or, can parties  
decide on their own?  Or does court decide?  
 
The deceased had a good job and
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
 

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