How Are The Damages Divided If There Are Multiple Heirs In A Wrongful Death Scenario?

There are two scenarios to look at: One being with a will, and the other being without a will. If the deceased person had a will, damages are divided according to the language of the will. If a person dies without a will, then damages are divided equally among the qualified heirs.

For example, if there is a surviving spouse, then this person would get everything. There is no division. But if there is no surviving spouse and three surviving children, damages would be split three ways among the children. It’s important to note that the parties and heirs can always agree to something different. The law just dictates what happens if no one can agree.