Losing a loved one because of another person's negligence is devastating, particularly when surviving family members are left facing unexpected financial challenges. A wrongful death claim can provide compensation for certain losses, including funeral expenses, lost financial support, and the emotional impact of losing a family member.

However, when multiple relatives are entitled to compensation, an important question often arises: How is a wrongful death settlement divided among surviving family members?

In Missouri, wrongful death settlements are not automatically divided equally among relatives. Instead, state law establishes who may pursue compensation and how settlement proceeds should be distributed. For families in St. Louis and throughout Missouri, understanding these rules can help prevent disputes and ensure that eligible relatives receive appropriate consideration.

Who Is Entitled to File a Wrongful Death Claim in Missouri?

Missouri Revised Statutes Section 537.080 establishes which surviving family members have the right to pursue a wrongful death claim.

The law organizes eligible individuals into different categories, with priority given to certain close relatives.

The first category generally includes:

The deceased person's spouse.
Surviving children or their descendants.
The deceased person's mother or father.
Descendants of a deceased child.

If no qualifying relatives exist in this category, certain siblings or their descendants may be eligible to bring a claim.

If no eligible relatives exist in either category, the court may appoint a plaintiff ad litem to pursue the wrongful death action.

These rules are particularly important because not every relative automatically has the right to file a wrongful death lawsuit.

For example, a surviving sibling generally cannot pursue a wrongful death claim when the deceased person has an eligible spouse, child, or parent.

Our St. Louis wrongful death attorneys can help families determine who qualifies under Missouri law and how their interests should be represented.

Are Wrongful Death Settlements Divided Equally Among Family Members?

No. Missouri law does not require wrongful death settlements to be divided equally among all eligible relatives.

Under Missouri Revised Statutes Section 537.095, the court has authority to determine how settlement proceeds should be distributed among individuals entitled to share in the recovery.

The court considers the losses suffered by each eligible family member rather than simply dividing the money into equal portions.

For example, a surviving spouse who depended heavily on the deceased person's income may have experienced substantial financial losses.

Meanwhile, an adult child who was financially independent may have suffered different losses involving companionship, guidance, and emotional support.

Both individuals may be eligible for compensation, but their shares of the settlement may differ.

The purpose of this process is to distribute the recovery in a manner that reflects the circumstances and legally compensable losses of the eligible beneficiaries.

What Factors Determine How a Settlement Is Divided?

When determining the distribution of wrongful death proceeds, Missouri courts may consider several factors relating to the deceased person's relationships and the losses experienced by surviving family members.

Relevant considerations may include:

The financial support the deceased provided to each family member.
The nature of the relationship between the deceased and each beneficiary.
The loss of companionship, comfort, instruction, and guidance.
The age and circumstances of surviving children.
The deceased person's financial contributions to the household.
Other evidence concerning the losses suffered by eligible relatives.

For example, when a parent dies in a fatal car accident in St. Louis, young children may experience substantial losses involving financial support, parental guidance, and care.

An adult child may also have a valid claim for the loss of a parent, although the nature of those losses may differ.

Missouri law does not establish a fixed percentage that every spouse, parent, or child must receive.

Instead, the distribution depends on the evidence and the court's determination.

Does a Surviving Spouse Automatically Receive the Entire Settlement?

Not necessarily. Although surviving spouses are among the relatives entitled to pursue wrongful death compensation, they do not automatically receive the entire settlement when other eligible beneficiaries exist.

For example, if someone dies leaving a spouse and two children, all three may have interests in the wrongful death recovery.

The surviving spouse may have experienced the loss of financial support, companionship, and other marital benefits.

The children may have experienced the loss of parental care, guidance, and financial assistance.

The court must consider the eligible beneficiaries' respective losses when determining how the proceeds should be divided.

This process is different from ordinary inheritance.

A wrongful death settlement is not automatically distributed according to the deceased person's will or Missouri's intestate succession laws.

Instead, wrongful death compensation is governed by the specific statutory provisions applicable to these claims.

How Are Wrongful Death Settlements Divided When Children Are Involved?

When a wrongful death claim involves surviving children, the court must consider their individual losses and financial circumstances.

Minor children may be particularly affected by the loss of a parent who provided daily care, financial support, and guidance.

Depending on the circumstances, their losses may include:

Financial support the parent would reasonably have provided.
Loss of parental instruction and guidance.
Loss of companionship and emotional support.
Loss of services and care previously provided by the deceased parent.

Adult children may also qualify for wrongful death compensation, even when they were not financially dependent on the deceased.

However, the value of each person's claim depends on the evidence presented.

When settlement proceeds are awarded to minor children, additional legal protections may apply to the handling and management of those funds.

Families in St. Louis should understand these requirements before agreeing to a proposed distribution.

What Happens if Family Members Disagree About the Settlement?

Disagreements sometimes arise when surviving relatives believe they should receive a larger share of a wrongful death settlement.

For example, a surviving spouse and adult children may disagree about the financial or emotional losses each person experienced.

Missouri law provides a process for resolving these disputes.

Under Section 537.095, the court can conduct a hearing to determine the appropriate distribution of settlement proceeds.

Eligible beneficiaries are entitled to notice and an opportunity to present evidence concerning their losses.

The court may consider financial records, testimony, family relationships, and other relevant information before determining how the recovery should be allocated.

Having an attorney involved can help families understand their rights and prepare the documentation necessary to support their positions.

What Expenses Are Deducted Before a Wrongful Death Settlement Is Distributed?

Before settlement proceeds are divided among eligible family members, certain expenses may need to be addressed.

Depending on the circumstances, these may include:

Attorney fees associated with pursuing the wrongful death claim.
Litigation expenses and court costs.
Certain recoverable expenses or obligations addressed through the settlement process.
Other deductions authorized by applicable law or court order.

The court may review the settlement and associated expenses before approving the final distribution.

It is important to distinguish the total settlement amount from the amount ultimately available to beneficiaries.

For example, a $500,000 wrongful death settlement does not necessarily mean that $500,000 will be divided directly among surviving relatives.

Applicable attorney fees, litigation costs, and other authorized deductions may reduce the net proceeds.

An experienced St. Louis wrongful death attorney can explain these considerations and help families understand the anticipated distribution.

How Long Do Families Have to File a Wrongful Death Claim in Missouri?

Missouri generally establishes a three-year statute of limitations for wrongful death lawsuits under Section 537.100.

This deadline ordinarily begins on the date of the deceased person's death.

Failing to file within the applicable period can prevent surviving family members from recovering compensation, even when substantial evidence of negligence exists.

Certain circumstances may affect the applicable deadline, so families should not assume that every case follows the same timeline.

Prompt legal action also helps preserve evidence, identify witnesses, and establish the full extent of the family's losses.

For families in St. Louis dealing with a fatal car accident, workplace incident, or another preventable tragedy, speaking with an attorney early can help protect their legal options.

Contact Our St. Louis Wrongful Death Attorney

Missouri wrongful death settlements are not necessarily divided equally among surviving family members. The distribution depends on who qualifies for compensation, the losses each person experienced, and the court's determination under Missouri law.

At Bert Fulk, Attorney at Law, we understand the emotional and financial challenges families face after losing a loved one. Our St. Louis wrongful death attorney helps surviving relatives understand their rights, pursue compensation, and address questions concerning settlement distribution.

If your family lost someone because of another person's negligence, we are here to help. Call us today or connect with us online to schedule a consultation.