Wrongful Death Attorney in Pennsylvania
The purpose of a wrongful death settlement is to compensate the family members of the victim. Of course, an important question is who in the family receives the proceeds. Our wrongful death attorney in Pennsylvania explains who gets a wrongful death settlement.
Who gets the wrongful death settlement?
The spouse, children and parents may get a portion of a wrongful death settlement in Pennsylvania. The exact distribution depends on who survives the victim. The spouse always receives a share of the settlement while children and parents may also receive a share depending on which family members survive the victim.
How does wrongful death settlement distribution work?
A surviving spouse only – If the only surviving family member is the spouse, they receive the entire wrongful death settlement.
Spouse and children – The spouse gets the first $30,000. The remaining funds are split equally between the spouse and all the children. For example, if the settlement is $210,000, and there are three children, the spouse receives the first $30,000 and half of the remaining amount. A total of $120,000 goes to the spouse. The three children split the remaining $90,000. They receive $30,000 each.
Children only – The children split the entire amount among them.
Spouse and parents – The rules are the same for a spouse and parents as they are for a spouse and children. The spouse gets the first $30,000. The spouse receives half of the remaining amount. The parents split the other half.
Can aunts and uncles get a wrongful death settlement in Pennsylvania?
No, aunts and uncles cannot get a wrongful death settlement in Pennsylvania. The law limits compensation to the spouse, children and parents.
Can siblings get a wrongful death settlement in Pennsylvania?
No, siblings cannot get a wrongful death settlement in Pennsylvania. If there is no surviving spouse, parent or child, there is no wrongful death claim. However, the personal representative can bring a claim to recover funeral and medical expenses.
What is the Pennsylvania law for who receives the wrongful death settlement?
42 Pa C.S. § 8301 is the law for who receives a wrongful death settlement in Pennsylvania.
How can an attorney help with wrongful death distribution?
A wrongful death claim is a type of personal injury claim. A personal injury attorney can help you understand wrongful death distribution. They can help you evaluate and understand what compensation you may receive in your case.
While family members are grieving the loss of a loved one, the wrongful death claims process can be complex. An experienced personal injury law firm can help you evaluate the claim and take the proper steps to receive compensation. You must file a legal claim and prove the right to compensation. Then, family members must ensure that they receive their fair share of compensation under Pennsylvania law. Our personal injury attorney team can handle all the steps on your behalf.
Contact Durlofsky Law Offices
If you have lost a loved one, our wrongful death attorney in Pennsylvania can help. Contact us today to talk about your case.