Who Gets the Money in a Wrongful Death Lawsuit?
A successful wrongful death lawsuit provide money to help compensate surviving family members for the unexpected loss of their loved one – including both grief and the loss of financial support. Damages generally include pain and suffering, medical bills, loss of services, lost income, and funeral expenses. Any compensation that is awarded reflects the surviving family members’ losses and their current and future struggles due to the loss. Who gets the money in a wrongful death lawsuit? This varies from case to case as it depends on several factors, including who the surviving dependents are and individual state laws. In general, the family members who were closest to the deceased are eligible to file a wrongful death lawsuit and receive a settlement, which is then divided among the parties of interest.
If you have lost a loved one and you suspect wrongful death, it is a good idea to seek guidance from an experienced, local wrongful death attorney. A wrongful death lawyer can discuss legal rights, including who may file a wrongful death claim, how to file the claim, and calculate the value of your claim. The settlement amount is ultimately determined by a jury based on the age, character and condition of the deceased and the quality of the relationship with the plaintiff, their earning capacity, life expectancy, health and intelligence, as well as the circumstances of the beneficiaries of the estate.
Who Gets the Money in a Wrongful Death Lawsuit?
Not all family members are eligible to file a wrongful death lawsuit to recover damages after the loss of their loved one. It doesn’t matter how emotionally close the relationship was with a cousin, for example, as a cousin would not generally be eligible to bring a wrongful death claim except in cases where they were a household dependent.
In most states, eligible parties include direct family members such as a spouse and children, and other household dependents. In Washington State, the action is brought by the “personal representative” of the decedent’s estate (also known as the executor). In many cases, the personal representative (executor) is also a beneficiary of the estate, such as the decedent’s spouse, registered domestic partner, or the decedent’s dependents.
What Happens When More than One Person is Eligible to File a Wrongful Death Claim?
In Washington state, only one wrongful death lawsuit can be filed for a single death, but multiple claims can be pursued within that lawsuit. When multiple parties are eligible to file a wrongful death claim, state laws dictate who has the highest priority. Typically, a surviving spouse is given the highest priority as they are usually the primary beneficiary of the estate, though some circumstances may cause the surviving spouse to be ineligible.
If there is no surviving, eligible spouse, then surviving children (including stepchildren) are next in line to file a wrongful death claim. If there are no surviving children, the parents or siblings of the deceased are typically eligible to file. If there is no spouse, children, parents or siblings who are eligible to file, the estate can bring a claim.
Spouse/Domestic Partner:
In Washington State, a spouse or state registered domestic partner can file a wrongful death claim after losing their loved one.
Note: If the couple was legally separated or in the process of divorce at the time of death, eligibility to file a wrongful death claim may be impacted.
Children/Stepchildren
In general, the child or stepchild of the deceased person in Washington State can recover compensation for the loss of their parent.
Note: Dependent children (both underage and adult) are typically entitled to more compensation than independent adult children. Independent adult children are eligible to file a claim; however, compensation is usually limited to the child’s loss of their relationship with the parent.
Household Dependents
Some people provide financial support – including shelter, food, and other living expenses – for household dependents such as a disabled sibling or ailing parent. These dependents can be named in wrongful death lawsuits and may be eligible to receive compensation.
Parents
Parents are considered secondary beneficiaries, which means they come behind spouses and children. With that said, parents of both minor and adult children are entitled to file a wrongful death lawsuit to pursue damages for the loss of their child if there is no spouse or children to file a claim. This is true whether or not they were dependent financially on their child.
Note: Stepparents may be eligible to file a wrongful death claim in Washington State if they have a close, familial relationship with the deceased and are considered part of the deceased’s immediate family.
Siblings
Like parents, in Washington State, siblings may only file a wrongful death claim in situations where there is no spouse, registered domestic partner, children or stepchildren. This is true whether or not they were dependent financially on their sibling.
If you are struggling financially and grieving the loss of an immediate family member due to the reckless or negligent behavior of another, you do not have to face these losses alone. Contact an experienced, local wrongful death lawyer to determine whether you are eligible to bring a wrongful death suit and what damages you may be able to recover.
Seek the Help of a Wrongful Death Attorney
If you lost a loved one due to a preventable medical error or the reckless/negligent behavior of another, you have enough to deal with. Let an experienced wrongful death attorney fight for justice on your behalf. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a wrongful death lawyer. Call the most experienced practicing wrongful death attorneys Bellingham has at Tario & Associates, P.S. today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
