Who is entitled to recover in a wrongful death case?
A. In wrongful death cases, the persons most likely to recover include the spouse, children, parents etc. of the deceased person. Others may be entitled to recover depending on the facts of each case. At the end of a case if a verdict or settlement is achieved, the survival portion of the case is distributed according to the Will and if there is no will, according to state laws. The wrongful death portion requires a judge to hold a hearing to apportion the proceeds from the recovery among all potential takers based on dependency and other factors. N.J.S.A. 2A:31-4 states: The amount recovered in proceedings under this chapter shall be for the exclusive benefit of the persons entitled to take any intestate personal property of the decedent and in the proportions in which they are entitled to take the same. If any of the persons so entitled were dependent on the decedent at his death, they shall take the same as though they were the sole persons so entitled, in such proportions, as shall
