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Settlements in Wrongful Death Cases

As with infant settlements, the only way to ensure that a wrongful death settlement is binding on the interested parties is to obtain court approval. You must seek court approval even if no lawsuit has been filed.

Each person in a class of beneficiaries is entitled to a share of the settlement. The decedent’s surviving spouse, children, and grandchildren are the first class of beneficiaries. If there are no people in this class, then the next class is the decedent’s parents, siblings, and to any dependent relative who was a member of the decedent’s household. If the decedent left both a surviving spouse and parents but no children or grandchildren, the award goes to the surviving spouse and parents. If the decedent had dependent relatives who lived in the same household, these people are entitled to a share. No parent who has had their parental rights terminated can obtain a reward.

The measure of damages is the pecuniary loss sustained by the beneficiaries. This includes, but is not limited to, the beneficiaries’ sorrow, loss of companionship, loss of decedent’s income, loss of the decedent’s service, treatment of the decedent before death, and funeral expenses. The decedent’s pain and suffering before death is not a recoverable element of damages.