29.14 Settlements. All of the potential statutory beneficiaries must consent to a wrongful death settlement. As previously noted, Wilmot instructs that because there is a single wrongful death claim on behalf of all of the potential statutory beneficiaries, the wrongful death plaintiff and their counsel have an affirmative, fiduciary duty to locate all the potential beneficiaries and obtain their consent to a settlement, “even if such consent is difficult to obtain.”98 If the plaintiff and their counsel do not do so, they run the risk of statutory beneficiaries who did not have notice of and consent to the settlement coming into court later and asking to have the settlement undone.99
Wrongful death settlements involving minors must be approved by a probate court acting as or after appointing a guardian ad litem, as with any settlement of any claim on behalf of a minor.100
A settlement with the personal representative on behalf of the decedent’s estate has been upheld even though the personal representative was later replaced. In Sentry Insurance v. Superior Court ,101 suit was brought on behalf of decedent’s parents by his brother...
