California law stipulates that only one wrongful death action is allowed to be filed for a particular death. This means that every person who is able to recover compensation as a result of the decedent's death must file under the same claim. In California, the surviving spouse, domestic partner, parents, or children of the deceased are allowed to file a claim.
It is reasonable to understand that every person close to the deceased will have suffered as a result of the death. However, properly determining who gets what after a case reaches a successful conclusion can be challenging. In these situations, the heirs of the deceased really have two options regarding the division of wrongful death compensation amounts:
Find a way to peacefully divide the compensation amongst themselves
Take the situation to the court system
The state of California generally lets families who receive wrongful death compensation decide how to distribute the proceeds amongst themselves. This could include a decision to distribute the compensation into equal shares. In some cases, families may decide to divide the money based on certain criteria, including paying the most to the person who is perceived to have suffered the most as a result of the death. This could also include paying the person who is having the most financial problems. As long as every party agrees to how the proceeds are divided, the state of California will not need to be involved.
If family members disagree about how to appropriately share the proceeds of a wrongful death claim, it may be necessary for a lawsuit to be filed. When the court considers how to distribute these funds, they will consider many factors, including the following:
The financial needs of each claimant
Future expected losses of each claimant
Expenses that each claimant has already paid
Pain and suffering experienced by each claimant