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HOW ARE THE DAMAGES OF A WRONGFUL DEATH CASE DIVIDED? Any damages recovered in a wrongful death lawsuit or claim are distributed to the eligible family members by the court and pursuant to Illinois law. Certainly, spouses and minor children take the priority. When the deceased has left surviving children, those children have the right to take the wrongful death award. In cases where there are no surviving children or a spouse, the parents of the deceased and siblings have a right to the award. Where the law is silent between classes and does not provide a formula determining the distribution, the court has discretion. For instance, a court may decide to give less to an estranged adult child in a wrongful death case. In many cases, the court will split the proceeds evenly amongst the classes of those who are entitled to receive said money. Contact a personal injury lawyer to learn more