In addition to an assessment of available assets, courts would have to become adept at predicting the amount prospective juries would award wrongful death plaintiffs to ensure sufficient funds remained after settlement. In addition to its factual argument concerning the amount of available funds, the Defendant also made what amounts to a policy argument. After noting Mississippi's preference for settlement of doubtful claims, Hughes cited Miss. Code Ann. Miss. Code Ann. The majority of wrongful death acts are generally construed to provide a single cause of action, irrespective of the number of statutory beneficiaries.
Most courts further limit that single cause of action by holding it to be indivisible.
Morrison v. New Orleans Pub. Urdiales v. St. Paul Mercury Ins. While not controlling authority, a Missouri court succinctly addressed the problem faced by the Defendant in the case sub judice. Any recovery in a wrongful death action is for the benefit of those who sue or are entitled to sue and of whom the court has notice. The individual interests of the beneficiaries become separable only after the indivisible cause of action becomes merged in a judgment. . . .