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Who Receives Money After a Wrongful Death Lawsuit?

Losing a loved one is difficult. When a person's death was caused by the negligence of another party, it can make an already difficult experience even worse. Often, families aren't sure what they should do after losing someone. As they are grieving, survivors must sort financial situations and plan for a future without a critical member of their household.  

Wrongful death lawyers understand the challenges that families face after losing a loved one, especially when negligence is involved. They are prepared to fight for the justice families deserve by demanding compensation from the party that behaved in a way that cost someone their life. Wrongful death attorneys can obtain compensation for pain and suffering, medical costs, funeral costs, lost wages, and any other financial loss caused by a person's death. While nothing can completely fix what happened, a wrongful death attorney's role is to help pick up the pieces of a family's life after a tragedy. 

Who Gets the Money After a Wrongful Death Lawsuit? 

When a person dies, they leave behind many family members. So, it's reasonable to wonder what family members will receive any money obtained from a wrongful death lawsuit's settlement or verdict. A variety of factors can influence who receives compensation from a wrongful death lawsuit. 

Family members who might be able to claim damages for a Texas wrongful death lawsuit include: 

  • Children 
  • Adopted Children 
  • Spouses 
  • Parents 

Notably, the siblings and other more distant relatives of a person who has died are unable to file a wrongful death claim in Texas.  

In Texas, juries decide who will receive compensation for verdicts. First, a jury will consider if the decedent has any children to divide the compensation among. How compensation for wrongful death cases in Texas is split with children involved is discussed below. If all surviving family members are adults, a jury will consider multiple things. 

Things a jury considers when splitting compensation between adult family members include: 

  • If the family members are capable of being fair while dividing compensation 
  • If the family won't divide compensation without dispute 
  • If the family will allow their attorneys to work together to split the compensation 

Texas Wrongful Death Compensation, Children, & Guardian Ad Litem 

When splitting compensation for wrongful death involves children, the law helps protect them with something called guardian ad litem (GAL). Courts appoint a person as GAL for children because they know that a child isn't old enough to act in their own financial interest. A GAL is supposed to make sure that a child is fairly represented so they can receive a fair amount of compensation from a wrongful death case.  

If you're loved one was killed by the negligent behavior of another party, Arnold & Itkin LLP is ready to help. Our wrongful death lawyers have fought to obtain the justice that grieving families deserve, and we're ready to do it again. Call us now for a free consultation at (888) 493-1629.


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