Tim Paoli 
While the purpose of wrongful death cases is to compensate surviving family members for their losses resulting from a loved one’s death, the question regarding who gets the money in a wrongful death lawsuit may still remain. Depending on the circumstances, this may include a surviving spouse, children, or, in some cases, parents or siblings.
There may also be specific rules that apply to certain family members, such as minors or unmarried partners, which can also affect how their share of compensation is handled and whether they are entitled to it in the first place. Another common concern for surviving family members is how quickly they may receive compensation through a wrongful death suit.
In this article, we explain how wrongful death law works in Massachusetts, focusing on who can file the wrongful death lawsuit, who’s eventually entitled to compensation, how it’s divided, and what factors affect how long it takes for a case to be resolved and paid.
Who Gets the Money in a Wrongful Death Lawsuit
The money from a wrongful death lawsuit usually goes to statutory beneficiaries. “Beneficiaries,” in this context, means the family members entitled to receive the compensation. Depending on the state, the funds may be paid directly to these beneficiaries or pass through the deceased person’s estate first.
Turning specifically to Massachusetts, here’s who has the right to receive money, under Massachusetts General Laws, Chapter 229, Section 1:
- When there is a surviving spouse but no children, the spouse receives all of the wrongful death compensation.
- When there is a surviving spouse and one child, the compensation is divided this way: half to the spouse and half to the child.
- If there is a surviving spouse and more than one child, one-third is allocated to the spouse and two-thirds to the children.
- If there is no surviving spouse, the wrongful death damages are directed to the deceased person’s next of kin, like parents and siblings.
Who Can File the Claim vs. Who Receives the Money
Although the fundamental goal of a wrongful death claim is to compensate the surviving family members for the impact the loss has on their lives, both financial and emotional, this doesn’t always mean family members can file the wrongful death lawsuit themselves. This depends on the state. Therefore, who receives the compensation and who is allowed to bring the case are two separate questions.
For instance, in some states, eligible relatives can be both the plaintiffs and the beneficiaries. They can file the claim directly, and if they recover damages, the money goes straight to them.
In other states, the law requires that a personal representative of the deceased person’s estate file the claim. This person is often a family member, too, yet they are filing the claim in a legal role. And although they act as a personal representative of the deceased person’s estate, the money is still intended to go directly to the family members the law identifies as beneficiaries. This is the model Massachusetts follows.
Finally, in some states, the law requires that the personal representative file the claim, and the compensation is paid into the estate itself, where it may be used to handle estate debts before finally reaching family members.
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Can Punitive Damages Be Awarded in Wrongful Death Cases?
In some cases, a wrongful death claim serves an additional purpose: punishment. Such claims aim to punish especially reckless or dangerous behavior and discourage it from happening again. This is done through punitive damages.
Punitive damages aren’t available in every state, but Massachusetts is one of the states that does allow punitive damages in wrongful death cases, in limited circumstances.
Under Massachusetts General Laws Chapter 229, Section 2, punitive damages may be awarded if the death was caused by the defendant’s malicious, willful, wanton, or reckless actions, or by gross negligence.
How Wrongful Death Settlements Are Paid Out
Typically, a wrongful death lawsuit settlement can be paid either as a lump sum or through a structured settlement.
A lump sum means all of the settlement money is paid at one time, in a single payment.
In a structured settlement, regular payments are set up and sent over time, typically monthly or once a year, usually through an annuity. This option may work for families who prefer an ongoing income rather than a one-time payment of a large amount.
However, once a wrongful death case settles, the money usually isn’t deposited directly into family members’ bank accounts right away. Here’s what the typical fund distribution process in Massachusetts looks like (although some specific situations, like if money for conscious pain and suffering or minors are involved, may change it).
Often, the settlement funds are sent first to the wrongful death attorney’s client trust account. This allows the lawyers to handle agreed-upon legal fees, case costs, and any other required payments in a transparent and regulated way.
Next, the funds are usually paid to the personal representative through an estate account. Importantly, as we said, in Massachusetts, the estate itself doesn’t own the money. The estate account is used to receive the funds under the personal representative’s court-appointed authority and to make sure the money is distributed correctly.
And then, the personal representative distributes the money to the family members who are legally entitled to receive it under Massachusetts wrongful death law.
Timeline from Agreement to Money in Hand
Yet, there are also some steps involved before the funds are distributed, which also impact the timeline:
- Release signing: This is when the people who are legally allowed to settle the case (usually the personal representative) sign documents confirming that the case is resolved.
- Lien resolution: Before the wrongful death lawsuit settlement money can be paid out, any third parties who may have a legal right to part of the funds, such as health insurance companies, must be identified and paid or negotiated with.
- Court approval (if required): In some cases, a judge must review and approve the wrongful death suit settlement before any money is paid. This often happens when minor children are beneficiaries.
- Distribution of funds: This is when the settlement finally follows the path described above: the wrongful death attorney trust account and then the estate, ultimately reaching the entitled family members.
How to Divide a Wrongful Death Lawsuit Settlement
Another question surviving family members may ask is about how the money is divided between multiple beneficiaries. In general, across the country, this may happen in several ways.
Some states follow statutory formulas. Exact percentages are spelled out for a spouse, children, or other relatives. Other states don’t use fixed formulas but rather rely on court allocation hearings. A judge assesses the family situation and then decides how to split the money based on each person’s loss. In other situations, families may agree among themselves on how to divide the money.
In Massachusetts, the process for distributing wrongful death compensation generally follows the framework outlined at the beginning of this article: Wrongful death compensation is usually distributed among a surviving spouse, children, or other next of kin as specified by Chapter 229, Section 1.
Special Situations That Affect Payouts
It’s necessary to specify that each wrongful death case is unique, and certain circumstances still may change the entire process of how the wrongful death lawsuit settlement is handled.
Minors as Beneficiaries
If a child is entitled to receive a portion of a wrongful death recovery in Massachusetts, the court may require steps to preserve the funds for the child until the child reaches age 18.
Unmarried Partners
In Massachusetts, unmarried partners aren’t included among the statutory beneficiaries entitled to receive wrongful death compensation under Massachusetts General Laws, Chapter 229, Section 1.
Survival Claim Alongside a Wrongful Death Claim
In Massachusetts, a single death can give rise to two legally distinct but related claims: a wrongful death claim and a survival action claim. Although they are often brought together in the same lawsuit, it’s important to understand the wrongful death vs. survival action distinction because each claim serves a different purpose.
A survival action claim, unlike a wrongful death claim, focuses on the harm suffered by the deceased person before death. It allows compensation for losses the person experienced personally between the injury and death, which they could have recovered themselves if they had survived, such as conscious pain and suffering, and medical expenses.
Because these damages are tied to the deceased person’s own injuries, any compensation recovered through a survival action claim is treated as part of the deceased person’s estate.
Therefore, a wrongful death lawsuit settlement may be divided. One part may go directly to family members under the wrongful death claim, while another part may pass through the estate under a survival action claim and be subject to estate expenses before any remaining amount is distributed.
An experienced wrongful death attorney can help determine whether one or both types of claims apply to your situation and advise on how best to proceed.
Multiple Defendants or Insurance Policies
In some Massachusetts wrongful death cases, more than one person or company may be responsible for the fatal outcome. When multiple defendants are involved, the case can become more complex, since responsibility may be shared.
There may also be more than one insurance policy involved. Different defendants may have their own coverage, or a single defendant may be covered by more than one insurance policy. While this doesn’t impact who the beneficiaries are and how the compensation is divided among them, this may affect how long it takes for the case to be resolved, whether compensation is paid in a single lump sum or in multiple payments, and the total amount of compensation ultimately available.
Defendant Bankruptcy or Limited Insurance
The ultimate amount of compensation may also be determined by the defendant’s bankruptcy or limited insurance.
If the defendant files for bankruptcy, this may slow the process and potentially limit recovery. Similarly, if the recovery is paid through the defendant’s insurance policy, the amount that can be recovered may be limited by the policy’s coverage limits.
Probate Delays
Probate delays may occur because, as we mentioned, a court must first appoint a personal representative to act on behalf of the deceased person’s estate. For instance, if family members disagree about who should act as personal representative, the final resolution of the wrongful death case may be delayed.
Summing Up
Even though every wrongful death case is unique, including different aspects, such as the presence of minor children, probate issues, insurance limits, and the number of responsible parties, families are often seeking the same outcome: a fair settlement without unnecessary delays.
We at Michael Kelly Injury Lawyers pursue this outcome as well. If you have questions about a wrongful death claim in Massachusetts, or if you need help understanding your options, our wrongful death lawyers are here to assist. Reach out to schedule a consultation today!
