West Virginia Code Chapter 55. Actions, Suits and Arbitration; Judicial Sale § 55-7-7. Compromise of claim for death by wrongful act

The personal representative of the deceased may compromise any claim to damages arising under section five of this article before or after action brought.  What is received by the personal representative under the compromise shall be treated as if recovered by him in an action under the section last mentioned.  When the judge acts in vacation, he shall return all the papers in the case, and orders made therein, to the clerk's office of such court.  The clerk shall file the papers in his office as soon as received, and forthwith enter the order in the order book on the law side of the court.  Such orders, and all the proceedings in vacation, shall have the same force and effect as if made or had in term.  Upon approval of the compromise, the court shall apportion and distribute such damages, or the compromise agreed upon, after making provisions for those expenditures, if any, specified in subdivision (2), subsection (c), section six of this article, in the same manner as in the cases tried without a jury.


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