VA Lien on Wrongful Death Settlement
Client is injured in auto accident, suffers two weeks and dies. Liability tenders $100,000 limits, which is just about the amount of VA lien. Deceased leaves only three siblings and his mother, none dependent. Does VA get the whole tender?
Answer: The siblings have no claim as a matter of law. See: Clark v. Jones,1983 OK 10, 658 P.2d 1147: Siblings have no claim for loss of love, affection and companionship, under 12 O.S. 1981 §§1053 and 1055. The mother does have a claim for loss of lover and affection, etc. VA does have a claim against the whole thing under the federal medical care recovery act and will get the whole thing unless they agree to reduce.
Posted on Thu, September 8, 2011
by Sharon Coleman filed under