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Beneficiaries in a Wrongful Death Lawsuit

A wrongful death claim is brought to benefit the surviving beneficiaries and not the deceased person’s estate. The statute establishes a framework for determining the beneficiaries depending on the decedent’s relatives. The framework can be difficult to apply if there are complex family histories. The following is a guideline for identifying the beneficiaries:

a. The surviving spouse, the children, and the children of any deceased child of the deceased are the primary beneficiaries. If a decedent had a spouse and child (or grandchild), they would be the only beneficiaries.

b. If the decedent left a surviving spouse but no children or grandchildren, the surviving spouse and the decedent’s parents would be the beneficiaries.

c. If the decedent left no spouse, child, or grandchild, then the beneficiaries would be the parents, siblings, and any dependent relative who was a member of the decedent’s household.

d. Dependent relatives living in the same household are beneficiaries as well.