Who is Entitled to Wrongful Death Benefits?
When a person passes away in an accident caused by a negligent party, certain family surviving family members can file a wrongful death lawsuit on behalf of their deceased loved one (also known as the “decedent”). Additionally, surviving family members can determine how to divide a wrongful death settlement.
The following surviving family members are entitled to wrongful death benefits in California:
- Spouses
- Domestic partners
- Children and stepchildren
- Grandchildren
Furthermore, the following individuals are also entitled to wrongful death benefits if they can demonstrate they were financially dependent on the decedent:
- A “putative spouse” (a person who had a good faith but mistaken belief that they were lawfully married to the decedent)
- Children of the putative spouse
- Stepchildren
- Parents
- Legal guardians (if the parents are deceased)
All family members and heirs who file a claim can cooperate and figure out how much each person should receive in compensation. For example, the surviving spouse and children may be entitled to most of the proceeds from the settlement, while a dependent parent may also obtain a share. However, how the settlement is distributed is mainly up to the surviving family members.
If there is a disagreement about how the wrongful death settlement should be distributed, state civil courts have the power to distribute the settlement among the beneficiaries. The court must evaluate the situation and determine how to divide the settlement according to each eligible individual’s financial needs. Common factors the court will consider to figure out who will receive the greatest amount of shares include financial support, housing, and education.
In order to resolve their differences, heirs may turn to mediation to decide on settlement distribution. An unbiased third party known as the mediator—along with lawyers, if desired—will listen to all plaintiffs and provide advice to the parties as to how to settle their case. However, if the family members cannot determine how a settlement is distributed in mediation, then the court will ultimately decide.
If you lost a loved one in an accident caused by negligence in Orange County, contact The Soliman Firm today at 714-491-4111 for a free initial consultation. Our legal team has recovered millions of dollars on behalf of our clients!