Losing a loved one unexpectedly is devastating, and dealing with financial matters in the aftermath can seem insignificant — and may even feel overwhelming. However, understanding how a wrongful death settlement is divided is essential to making sure you receive fair compensation.
Our Los Angeles wrongful death attorneys are here to ease this burden by guiding you through the settlement division process, allowing you to focus on grieving and healing while we handle the legal complexities.
Below, our experienced lawyers provide an overview of how to divide a wrongful death settlement.
What Happens After a Wrongful Death Tragedy?
Once a wrongful death lawsuit is filed with the help of a Los Angeles wrongful death lawyer, the next step is typically settlement negotiations or a trial. Most wrongful death cases are resolved through settlement negotiations with the defendant’s insurance company. But, it is important to be cautious during this process, as insurance companies tend to take advantage, offering as little compensation as possible.
If a settlement agreement cannot be reached, the case will proceed to trial. If a settlement or court award is granted, the money will be distributed among eligible beneficiaries. In cases involving a survival action, the damages may go to the deceased’s estate.
Who Is Eligible to Receive the Victim’s Compensation?
Damages are distributed to surviving family members and relatives based on their financial dependence on the deceased. Here’s a breakdown of who may be awarded damages:
- Immediate family members. The surviving spouse, domestic partner, children, and grandchildren (if the deceased’s children are no longer alive).
- Dependent individuals. Even if not directly related, putative spouses, children of the putative spouse, stepchildren, and parents may qualify for compensation if they depended on the deceased for housing, food, medical care, and other essential support.
- Dependent minors. A minor who lived in the deceased’s house for at least 180 days before their death and relied on them for at least half of their financial support may also be eligible for damages.
The Settlement Division Process
Typically, beneficiaries involved in a wrongful death claim will negotiate how to divide the damages as fairly as possible. If they are unable to reach an agreement, the court will intervene and decide how to distribute the funds based on the needs and financial situations of each beneficiary and the specifics of California law. Courts may give more weight to certain beneficiaries, such as a surviving spouse or minor children, who were financially dependent on the deceased.
Settlement funds may be divided in different ways, including;
- Equal distribution among all beneficiaries.
- Weighted distribution, where a larger sum is allocated to a surviving spouse, children, or other dependents, while the remaining funds are split among other beneficiaries.
- Accounting for debts or financial obligations, where some of the settlement is used to cover the deceased’s outstanding debts, medical expenses, or funeral costs before being distributed.
- Considering the wishes of family members, allowing beneficiaries to negotiate based on perceived financial needs or personal agreements.
Calculating the Settlement Amount
The settlement amount is often influenced by the deceased’s age, overall health, and earning potential. In general, younger, healthier individuals with high earning potential tend to result in larger settlements, as their unexpected passing represents a substantial financial loss.
Other factors to consider when calculating the settlement include the number of dependents, their ages, expected lifespans, and financial needs. It is also important to take into account the loss of future financial support, or the estimated income the deceased would have provided to the family, as well as non-economic losses, such as loss of companionship and emotional distress. Lastly, medical bills, funeral costs, and other finances can be factored into the total settlement before distribution.
Potential Damages Awarded
In a wrongful death case, damages can cover a wide range of expenses, including funeral and burial costs, medical bills from before the death, lost wages, and compensation for the emotional distress, pain, and suffering experienced by surviving family members.
This includes the grief and loss of companionship that loved ones endure after the passing of the deceased.
A skilled Los Angeles wrongful death attorney can help you gather the necessary evidence to secure the full compensation you deserve.
Contact a Los Angeles Wrongful Death Law Firm Today
Navigating wrongful death settlements can be stressful. With a Los Angeles wrongful death attorney by your side, we can help you determine the appropriate compensation for your claim.
John J. Perlstein, one of the best personal injury lawyers in Los Angeles, has over 25 years of experience securing fair and just outcomes in personal injury cases. He has a successful track record of taking more cases to trial than any of his peers and is ready to fight for you should settlements not align in your favor.
Call us at (213) 583-5786 or fill out the form on our website to schedule a free consultation with the best wrongful death lawyers in Los Angeles. This consultation will provide you with an opportunity to tell us the details of your case and let us determine how we can help you get the justice you and your loved one deserve.