How Wrongful Death Settlements Are Distributed

If your loved one lost their life in an accident caused by someone else’s negligence, you can pursue compensation for your losses and for their estate’s losses in a wrongful death claim. If they had filed a personal injury claim and survived, you may have had a viable wrongful death claim. While no legal action can right the tragic wrong your family has experienced, obtaining the compensation you deserve can help you move forward toward healing. Our experienced wrongful death attorneys at Mette Attorneys at Law care about you and your claim.

In Accordance with Pennsylvania’s Inheritance Laws

In Pennsylvania, a settlement or court award that comes from a wrongful death claim must be distributed in accordance with the state’s inheritance laws. This means in the same way that an estate would be distributed if the decedent had no will.

Wrongful death settlements and court awards break down as follows, in relation to the survivors whom the accident victim left behind:

• If they left a spouse but no children and no parents, the spouse is entitled to the entire amount.
• If they left a spouse and children, the spouse receives the first $30,000 plus half of the remaining amount, while the other half will be divided between the children.
• If they left a spouse and parents but no children, the spouse receives the first $30,000 plus half of the remaining amount, while the other half will be divided between the parents.
• If they left children but no spouse, the entire amount will be divided equally between the children.
• If they left parents but no spouse or children, the entire amount will be divided equally between the parents.
• If they left no surviving spouse, children, or parents, the full amount will likely go to more distant relatives, such as siblings or nieces and nephews.

Distinguishing between the Wrongful Death Action and the Survival Action

In Pennsylvania, a wrongful death claim is often brought in conjunction with a survival action, which is filed at the Office of the Prothonotary at the Philadelphia Court of Common Pleas. Understanding the distinctions between these two legal actions can help.

The Wrongful Death Claim

The wrongful death claim is designed to compensate the victim’s surviving family members, as defined above. The intention is to compensate them for the losses they suffered as a result of their loved one’s untimely death. These legal damages flow directly to the beneficiaries and are not subject to inheritance tax or the reach of estate creditors.

The Survival Action

The personal representative of the estate (or the executor if the victim had a will) will file the survival action on behalf of the victim’s estate. The survival action is intended to compensate the estate for the losses experienced by the victim in the period from the time of the accident until the point of death. These funds become an asset of the estate, and they will be distributed in accordance with the victim’s will, or Pennsylvania’s inheritance laws if the victim had no will.

Seek the Skilled Legal Guidance of Our Experienced Philadelphia Wrongful Death Lawyers

Our capable Philadelphia wrongful death attorneys at Mette Attorneys at Law have a wealth of experience protecting our clients’ distribution rights, and we will leave no stone unturned on your behalf. Learn more by contacting us online or by calling our firm at 717-232-5000 today.