The people who get the money in a wrongful death lawsuit are typically surviving family members or beneficiaries of the deceased, such as a spouse, children, or parents. The exact person depends on state law and the specific circumstances of the case.
Wrongful death lawsuits are filed when someone dies as a result of another party’s negligence, recklessness, or intentional act. For more information about these types of lawsuits, contact a Kansas City wrongful death lawyer today.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought against a person or entity believed to have caused someone’s death. This type of claim is usually filed by the personal representative of the deceased’s estate, but the compensation is intended for the benefit of the surviving family members who suffered due to the loss.
Damages in these lawsuits can include medical bills related to the final injury or illness, funeral costs and burial expenses, lost future income the deceased would have provided, and non-economic damages like emotional pain, suffering, and loss of companionship.
The rules about who can bring such a case and how the proceeds are distributed vary from state to state, so legal guidance is essential.
Who Can File the Lawsuit?
In most states, the person filing the lawsuit must be the executor or personal representative of the deceased’s estate. This may be someone named in a will or appointed by a court.
Although this person formally initiates the legal process, they are usually acting on behalf of close family members who stand to benefit from any settlement or court award.
Contact our Kansas city personal injury lawyers now.
Who Receives the Compensation?
The distribution of a wrongful death settlement or award is governed by state law. It usually prioritizes the individuals who had the closest relationships with the deceased.
Spouse
A surviving spouse is almost always entitled to a portion of the settlement. This compensation may account for emotional loss and the loss of companionship or financial support that would have continued throughout the deceased’s lifetime.
Children
Minor children generally receive compensation for the loss of parental guidance, financial support, and emotional connection. In some cases, adult children may also qualify, especially if they were financially dependent on the deceased.
Parents
If the deceased had no spouse or children, surviving parents may be eligible to receive damages. In certain states, even if the deceased was an adult, parents may have a right to recover for the emotional toll of losing a child.
Other Relatives
Siblings, grandparents, or other relatives may be considered for compensation if there are no close surviving family members or if they were financially dependent on the deceased.
What Happens if there’s a Will?
Many people assume that a wrongful death settlement is distributed according to the deceased’s will, but that’s not usually true. Wrongful death claims are separate from estate distributions and are guided by wrongful death statutes in each state.
That said, some lawsuits may include a “survival action.” It covers damages the deceased could have claimed had they lived (like pain and suffering before death). This portion of the compensation may be paid into the estate and distributed according to the will or applicable inheritance laws.
How is the Money Divided?
When multiple family members are entitled to receive compensation, the funds may be divided in one of two ways:
- By agreement: In many cases, surviving family members can agree on how the settlement should be shared. This is often handled through mediation or negotiation with legal guidance.
- By court order: If the family members cannot agree, the court will determine a fair distribution based on the relationship to the deceased, financial dependence, and other relevant factors.
This division can become complicated, particularly in blended families or situations involving estranged relatives.
Factors that Influence Distribution
Several key factors affect how the compensation is divided, including:
- State law: Each state has statutes that define eligible beneficiaries and how awards are to be split.
- Financial dependence: Those who relied on the deceased for income, care, or support are often given priority.
- Legal relationship: Spouses, minor children, and parents typically take precedence over more distant relatives.
- Age and status of dependents: Minor children or dependents in school may receive a larger share of the settlement to account for long-term care and support needs.
Let Foster Wallace Answer Your Wrongful Death Lawsuit Questions
So, who gets the money in a wrongful death lawsuit? Losing a loved one unexpectedly is devastating, and the legal and financial aftermath can feel overwhelming.
Understanding who receives compensation in a wrongful death lawsuit is a critical step in protecting your family’s financial future and honoring your loved one’s legacy.
If you believe you have a wrongful death claim or have questions about your rights, contact Foster Wallace today for a free consultation. Our attorneys are here to provide the clarity, compassion, and legal experience you need during this difficult time.
