Who Gets Damages in a Wrongful Death Lawsuit?
There is nothing good about a wrongful death lawsuit. The extent and permanency of the “injury,” as well as the trauma to family and friends and community, are devastating.
And one of the things that can make wrongful death cases even more devastating than they already are, is potential fighting amongst survivors, over the compensation that is received after a wrongful death case.
Unlike any other kind of injury lawsuit, in a wrongful death case, the injured (deceased) person is not around to collect whatever is received through settlement or verdict. That means that multiple people, particularly family and survivors, are left to divide–and sadly, sometimes fight–over the compensation that is received.
Who Gets What?
Under Massachusetts law, if there is a spouse, that spouse will receive all of the money from the settlement if there are no children of the deceased.
If there is one child, the spouse and child will divide the compensation evenly, but if there are multiple children, the spouse will receive 1/3 of the award, and the children will divide the remaining 2/3 of what is received.
With no spouse, the children would receive, and potentially divide the compensation, and if there are no spouse nor any children, then the legal next of kin would receive the damages, down the line, including any parents and then, any brothers or sisters.
And of course, if the deceased is a minor, the compensation would go to the parents.
The Role of the Personal Representative
Note that who receives the compensation from an award, is different from who can actually bring a lawsuit and file a wrongful death case.
The personal representative of the deceased’s estate, is the one that is authorized to bring a wrongful death lawsuit, although that representative will sometimes also be a next of kin who is also a beneficiary entitled to some of the proceeds of the lawsuit.
Usually the deceased’s will names who the personal representative will be, but if there is none, the court will appoint a representative. The probate court is the court that does this, so often, in wrongful death cases, your injury attorney will work closely with a probate attorney, to initiate the lawsuit.
The personal representative acts as the “client” in the wrongful death lawsuit and will make relevant decisions, such as when and if to settle the wrongful death lawsuit, or whether to go to trial.
When It’s Over
When the case is over, the personal representative must propose a plan for the payment of the settlement or verdict to the beneficiary/survivors. That plan must be approved by the court, and parties who feel “left out,” have a right to petition to challenge the proposed distribution.
While there is a set “order” that beneficiaries are paid, the court can alter that, in situations where one beneficiary may have had a more significant loss, or where one may have had a closer relationship with the deceased than others may have.
Call our Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today at 617-275-4200 if someone you care about has suffered because of any kind of accident.
Source:
malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229/Section2
