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When a loved one’s life is tragically cut short due to the negligence or intentional actions of another party, family members should hold the responsible parties accountable and seek compensation for the damages they suffered. However, determining how to fairly divide a wrongful death settlement can be challenging, as there are various factors to consider, such as the financial losses incurred by the surviving family members. 

Always consult an experienced St. Louis wrongful death attorney. Burger Law can provide the knowledge and support needed to maximize your settlement and ensure you receive your fair share.

Who Can File for Wrongful Death in Missouri?

Under Missouri law, certain family members have the right to file a wrongful death claim. These family members include the: 

• Surviving spouse
• Children (both biological and adopted)
• Grandchildren if the deceased’s children are also deceased
• Parents if the deceased individual was a minor

In some cases, other relatives, such as siblings or grandparents, may be able to file a claim if there are no immediate family members. If there are no surviving relatives, a personal representative of the estate will file the claim.

How Do Family Members Divide the Settlement?

When dividing a wrongful death settlement among family members, you must consider the individual losses suffered by each family member and the financial impact of the deceased’s absence. The process of dividing the settlement typically involves the following steps:

• Identifying the eligible family members: Determine who is eligible to receive a share of the settlement based on Missouri’s wrongful death laws.
• Assessing individual losses: Each family member’s financial and emotional losses should be carefully examined and considered. This may include medical expenses, loss of financial support, loss of companionship and emotional distress.
• Negotiating a fair distribution: It is often beneficial to seek the assistance of a St. Louis wrongful death attorney who can help facilitate negotiations and ensure that each family member receives an equitable share of the settlement. They can provide guidance on how to approach the division process and advocate for your rights.
• Finalizing the agreement: Once an agreement has been reached among the family members, they must document the division of the settlement in a legally binding agreement. This ensures that everyone understands their respective rights and obligations and helps prevent disputes in the future.

Always have a St. Louis wrongful death lawyer handling this process from start to finish.

“I’ve dedicated my entire life to helping our clients receive full compensation for their injuries.”

Schedule a free case evaluation here.

Gary Burger

Litigation attorney

What Compensation is Possible?

In a wrongful death settlement, the compensation awarded aims to provide financial support for the surviving family members who have suffered as a result of the loss. The types of compensation that may be awarded include:

• Economic damages: This includes monetary losses such as medical bills, funeral and burial expenses, loss of future income and benefits and other financial contributions the deceased would have made.
• Non-economic Damages: These are less tangible losses, such as the pain and suffering endured by the deceased before their death, loss of companionship and consortium and emotional distress experienced by the surviving family members.

Always Have the Support of a St. Louis Wrongful Death Attorney

Remember, in the tragic event of a wrongful death, dividing the settlement can be a complex process. Seeking the guidance of a skilled St. Louis wrongful death attorney is critical to ensure that each family member receives their rightful share. 

Contact Burger Law to consult with an experienced attorney who will protect your rights at no upfront cost.