One of the questions we are most frequently asked is “Who gets the money in a wrongful death lawsuit?” In Missouri, every member of the class that brought forth the claim is entitled to the settlement, regardless of their involvement in the lawsuit.
- Class I: spouse, children and parents of the decedent
- Class II: siblings of the decedent and/or their siblings’ children
- Class III: plaintiff ad litem
In Illinois, the money awarded in the lawsuit is typically distributed to the legal heirs or beneficiaries of the victim.
In most cases, the survivors agree on the distribution of settlement proceeds. When there is a conflict, the decision is left to the court after hearing evidence. Proceeds do not go through probate and do not go to the estate of decedent — the money goes directly to the eligible recipient(s).