Who Gets the Money In a Wrongful Death Lawsuit In Pennsylvania?

What Is a Wrongful Death Lawsuit In Pennsylvania?

Wrongful Death Actions are governed by 42 Pa. C.S.A. Section 8301. The statute provides that an action may be brought to recover damages for the death of an individual caused by the wrongful act or negligence of another so long as no claims were obtained by the injured individual during his or her lifetime.

Pennsylvania defines wrongful death as a death that occurs due to “a wrongful act or neglect or unlawful violence or negligence of another.” In other words, Pennsylvania considers any death caused by another person’s negligent or wrongful act a wrongful death.

A wrongful death lawsuit seeks to recover the losses the decedent could have claimed in a personal injury suit had they not succumbed to their injuries. Since the decedent can no longer recover these losses, the wrongful death statute allows certain surviving family members to file the wrongful death suit on their behalf. 

Pennsylvania law requires the personal representative of the decedent’s estate to file a wrongful death lawsuit. However, if they cannot file the wrongful death suit within six months of the death, any of the decedent’s beneficiaries can file the wrongful death claim on behalf of all beneficiaries. 

In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is crucial. It’s essential to initiate legal action within two years from the date of the person’s death. Missing this deadline may result in the barring of your right to seek compensation. The statute of limitations sets the timeframe within which a wrongful death lawsuit must be filed.

How Pennsylvania Courts Divide a Wrongful Death Settlement

In a wrongful death lawsuit, the money is typically awarded to the primary beneficiaries, who include the surviving spouse, children, and parents of the victim. The primary beneficiary is the person or entity entitled to receive the largest share of the compensation.

They distribute the settlement or judgment to the decedent’s beneficiaries at the conclusion of a wrongful death suit. A beneficiary is someone who is designated to receive benefits on behalf of someone else. In Pennsylvania, the intestacy statute outlines who receives the settlement based on which family members survive the decedent.

The court distributes the settlement as follows:

1. If the decedent has no surviving spouse or children, the settlement proceeds go to the decedent’s parents;
2. If the decedent has a surviving spouse, but no surviving parents or descendants, the proceeds go to the decedent’s surviving spouse;
3. If the decedent has surviving children, but no surviving spouse, the proceeds are split equally between the descendants;
4. If the decedent has a surviving spouse and surviving descendants, the spouse receives the first $30,000 of the settlement, and one-half of the remaining settlement proceeds, and the descendants split the remaining proceeds equally;
5. If the decedent has a surviving spouse, no surviving descendants, and surviving parents, the spouse receives the first $30,000 of the settlement, and one-half of the remaining settlement proceeds, and the decedent’s parents receive the remainder of the settlement; or
6. If the decedent lacks any surviving children, surviving parents, or surviving spouse, the decedent’s surviving siblings can receive the wrongful death settlement.

Understanding the allocation of a wrongful death settlement might appear complex, particularly in the aftermath of the sudden loss of a loved one. At Rosen Justice Injury Lawyers, one of our attorneys can clarify the recipients of the payout in your wrongful death case.

It’s important to note that in Pennsylvania, wrongful death settlements do not extend to aunts and uncles. Compensation is restricted by law to the spouse, children, and parents.

How Are Wrongful Death Settlements Paid Out in Pennsylvania?

How are wrongful death settlements paid out? Wrongful death settlement proceeds go directly to the beneficiary instead of passing through the decedent’s estate. Once a settlement is approved, the personal representative will determine what shares each beneficiary is entitled to and distribute the proceeds.

Does a Sibling have the Option to Sue for Wrongful Death?

Under specific circumstances, siblings have the legal standing to file a wrongful death lawsuit if their brother or sister died due to someone else’s negligence or intentional actions. However, eligibility varies by state, requiring consideration of the decedent’s residency.

The personal representative of the decedent’s estate files the wrongful death claim. The decedent can name whoever they want as their personal representative in their will. If they didn’t leave a will naming a personal representative, the court will appoint someone to serve as the decedent’s personal representative. Often, the court will appoint a surviving spouse or family member to serve as the personal representative. 

As stated above, a sibling can recover damages for wrongful death if the decedent lacks a surviving spouse, surviving parents, or surviving descendants.

Time Limit on Filing Wrongful Death Claims

Pennsylvania imposes a two-year wrongful death statute of limitations on all wrongful death claims. This means the claim must be filed within two years of the decedent’s death. Otherwise, the court will likely dismiss your case. 

Remember, the time limit is two years from when your loved one died. Therefore, if your loved one spent time in the hospital before succumbing to their injuries, the statutory period does not start until after their death. 

How to Find a Wrongful Death Attorney

As you may already know, hundreds of wrongful death attorneys advertise their services throughout the state. How do you know which one can help you? We have compiled a few tips to help you find a lawyer who will represent you aggressively and effectively.

Look for Someone With Experience

Many attorneys focus on a particular area of law. When you file a wrongful death lawsuit, you want a wrongful death attorney who has experience handling matters similar to yours.

You would not hire a bicycle mechanic to work on your car. Similarly, you should not handle an inexperienced attorney to handle your wrongful death claim. Our team at Rosen Justice Injury Lawyers has over fifty years of combined experience helping clients with wrongful death claims. 

Read Reviews of Former Clients

Many law firms post reviews from their former clients on their websites. You can look at these reviews to get a feel for a law firm and how its attorneys treat clients. Remember, your wrongful death attorney will stand by your side during some incredibly vulnerable moments. You want to ensure you can trust your attorney to act with your best interest in mind. By having an attorney by your side, you will know who gets the money in a wrongful death lawsuit in Pennsylvania.

Discover who receives compensation in a wrongful death lawsuit by reaching out to Rosen Justice Injury Lawyers today. Unlock the answers you seek and pave the path to justice.

Our attorneys at Rosen Justice Injury Lawyers have over 75 years of combined experience protecting the rights of injured victims and their families. There is no way to quantify the loss of your loved one. But we can fight for you to receive a wrongful death settlement that eases your financial burdens.

When you work with us, you can trust that we will do everything in our power to secure a favorable outcome on your behalf. Contact Rosen Justice Injury Lawyers today to schedule your free initial consultation with a wrongful death lawyer.