In a case with multiple heirs, how are damages divided?
If the case goes to trial, the jury awards one lump sum of damages to the entire family, and the judge later divides up the award based on a number of factors including the financial dependence of the heir on the decedent and the closeness of the relationship between the heir and the decedent. If the case settles, then generally the heirs have to decide themselves how to divide the proceeds or they can seek the assistance of a judge, arbitrator or mediator. It is sometimes wise for the heirs to determine amongst themselves how they will divide up the proceeds at the very beginning of the case so that problems do not arise later.
