How Does the Court Divide Settlement in a Wrongful Death Case?

Wrongful death cases are deeply emotional and legally complex. When a loved one passes away due to the negligence or wrongful actions of another, the surviving family members often face not only grief but also questions about how to proceed with legal action. In Illinois, one significant aspect of wrongful death litigation can be a court-ordered dependency hearing. This type of hearing serves to clarify key issues, ensuring that the distribution and division of any settlement or judgment is fair and that all parties’ rights are protected.

At John J. Malm & Associates, with offices in Naperville and St. Charles, our Illinois wrongful death attorneys have extensive experience navigating the intricate legal landscape of wrongful death lawsuits in Illinois. Understanding the purpose of dependency hearings in wrongful death lawsuits can help families prepare for what to expect in their pursuit of justice.

How Do Wrongful Death Lawsuits Arise?

A wrongful death claim arises when a person passes away because of the negligence or wrongful act of another. Wrongful death claims typically result from car accidents, trucking accidents, motorcycle accidents, medical malpractice, and nursing home abuse and neglect. Under the Illinois Wrongful Death Act, a wrongful death lawsuit is an avenue to provide compensation to the deceased’s surviving family members for the losses they have suffered as a result of their loved one’s death.

What Is a Dependency Hearing?

A dependency hearing is a specific type of evidentiary hearing conducted by a judge to determine the status and rights of potential beneficiaries in a wrongful death case. This process is designed to identify and confirm who qualifies as a dependent of the deceased and the extent of their dependency. The court uses these hearings to make informed decisions about how to allocate any awarded compensation among the surviving family members.

Why Are Dependency Hearings Necessary?

1. Establishing Beneficiary Status

Under the Illinois Wrongful Death Act (740 ILCS 180/et seq.), the surviving spouse and next of kin are entitled to pursue compensation for their loss. However, disputes can arise when determining who qualifies as a dependent next of kin. A dependency hearing provides a structured process for the court to ascertain which family members were dependent on the deceased for financial and emotional support.

2. Ensuring Equitable Distribution

A dependency hearing helps ensure that any compensation awarded in a wrongful death lawsuit is distributed fairly among those who were genuinely reliant on the deceased. The court assesses the degree of dependency for each claimant—whether partial or full—and allocates the settlement or judgment accordingly. This prevents conflicts among surviving family members and protects the interests of those who may be more significantly affected by the loss.

When surviving family members cannot agree on a fair distribution, the court has no alternative but to conduct a dependency hearing. This formal process ensures an impartial assessment of each claimant’s dependency. However, families may prefer to reach a family settlement agreement to avoid the complexities of a court hearing.

What Are the Key Factors in a Dependency Hearing?

During a dependency hearing, the court will review various pieces of evidence and testimony to evaluate the relationship between the deceased and each claimant. The primary factors considered include:

1. Financial Dependence

The court examines whether the claimant relied on the deceased for financial support. This can include regular contributions toward living expenses, education, or other essential needs. Evidence such as bank statements, financial records, and testimonies may be presented to illustrate this dependency.

Example of Fictional Testimony: Financial Dependence

Attorney: “Can you describe the financial support provided by the deceased?”
Witness (Surviving Spouse): “Yes, my husband contributed to our monthly bills, groceries, and our children’s education expenses. Without his support, it has been extremely difficult to manage.”

Attorney: “Do you have any records to show these contributions?”
Witness: “Yes, I have bank statements and payment receipts that detail his financial contributions.”

2. Emotional and Non-Financial Support

Dependence is not solely limited to financial contributions. The court may also consider the emotional and practical support provided by the deceased, such as caregiving or guidance. For instance, minor children who relied on the deceased for daily care and upbringing would be seen as dependents.

Example of Fictional Testimony: Emotional Dependence

Attorney: “How did the deceased contribute to your daily life beyond financial support?”
Witness (Child): “My mom helped me with homework every day and was always there to encourage me. She made me feel safe and supported.”

Attorney: “Would you say her absence has significantly impacted your emotional well-being?”
Witness: “Yes, it’s been very hard. I miss her guidance and reassurance.”

3. Relationship to the Deceased

The closeness and nature of the relationship between the deceased and the potential beneficiary are also considered. Spouses and minor children are generally presumed to be dependents, but extended family members or adult children may need to provide stronger evidence to prove their claims.

How Does a Dependency Hearing Proceed?

Evidence Collection

Each surviving family member, rather than the estate’s representative or counsel, must present testimony and evidence related to their individual dependency. This may include financial documents, witness statements, calendar entries, videos, photographs, cards, letters, emails and even text messages. Each family member may be represented by counsel; however, no individual family member may rely on estate counsel.

Testimonies

The court may hear emotional testimony from family members, friends, or other witnesses who can provide insight into the nature and quality of the relationship that each family member enjoyed with the deceased. For example, testimonies might describe the deceased’s role in supporting the household or providing essential services that impacted the well-being of individual beneficiaries.

Court Determination

After reviewing all submitted evidence and hearing the relevant testimonies, the court makes a determination regarding the distribution of any compensation. The judge’s decision ensures that dependents receive amounts reflective of their reliance on the deceased, and the quality of the relationship enjoyed between the family member and the deceased.

The Role of Legal Representation

Navigating a dependency hearing without knowledgeable legal counsel is not advised. An experienced Illinois wrongful death attorney can guide an individual family member through the complexities of evidentiary requirements, assist in gathering compelling documentation, and effectively represent their interests in court. 

“Dependency hearings play a crucial role in safeguarding the interests of those who were reliant on the deceased. They ensure that justice is not only served but is equitably distributed among surviving family members. Not every surviving family member is necessarily entitled to the same share; the distribution depends on their level of dependency and support received from the deceased. When families cannot agree on a fair distribution among themselves, the court must step in to resolve these disputes through a formal hearing. It’s also important to note that the attorney representing the estate in the wrongful death case cannot represent individual family members during the dependency hearing; each family member must have their own legal counsel to ensure fairness and impartiality,” Illinois wrongful death attorney, John J. Malm.

Why Choose John J. Malm & Associates for Your Wrongful Death Claim?

With over 90 years of combined litigation experience, the team of compassionate Illinois wrongful death attorneys at John J. Malm & Associates is well-versed in the nuances of wrongful death litigation, including the intricacies of dependency hearings. Our offices in Naperville and St. Charles provide dedicated support to families throughout Illinois who are navigating these challenging proceedings. We understand the emotional and legal complexities involved and are committed to providing compassionate, skilled representation.

Understanding the purpose and process of a dependency hearing in a wrongful death case is vital for families seeking justice. These hearings ensure that compensation is distributed fairly, reflecting the true dependency and needs of the surviving beneficiaries. If your family has lost a loved one in a tragic accident, contact the experienced team at John J. Malm & Associates for a free consultation. Our experienced Illinois wrongful death litigation lawyers can help protect your family’s rights and secure the compensation you deserve.