Losing a loved one can be daunting, particularly when he or she dies due to the negligence of another. If you find yourself in this situation, you may be able to seek legal recourse. In Pennsylvania, two causes of action may be available under these circumstances:
(1) wrongful death, and (2) survival actions.
Wrongful Death Claims and Distribution of Proceeds
A loved one’s surviving spouse, children, or parent may recover damages when the death of an individual was caused by the wrongful act or neglect or unlawful violence or negligence of another. A claim for wrongful death entitles your loved one’s surviving spouse, children, or parent to recover monetary damages for items like hospital, nursing, medical, funeral expenses and expenses related to the injury causing death.
Distribution of wrongful death proceeds recovered by the surviving spouse, children, or parent(s) is determined by Pennsylvania law, which generally provides that:
- If there is a surviving spouse and no children or parents, all proceeds to the spouse;
- If there is a surviving spouse and children, the first $30,000 of the recovery goes to the spouse, and the remainder is split evenly between the spouse and the children;
- If there is no surviving spouse or children, all proceeds to parent(s).
In Pennsylvania, most proceeds received from a wrongful death settlement are not taxable.
Survival Actions and Estate Considerations
Regardless of whether a wrongful death action may be brought or not, a deceased person’s estate can pursue a survival action under certain circumstances. A survival action occurs when the personal representative of the estate brings a claim that the deceased person could have brought if they were still alive. Damages available in a survival action include things such as the pain and suffering suffered between injury and death, medical bills, and lost wages.
Survival action proceeds pass through the deceased person’s will or, if there is no will, as provided by Pennsylvania law. Survival action proceeds are subject to state inheritance and estate taxes, as well as federal estate tax.
To protect against bad actors seeking to get a piece of your loved one’s estate unlawfully, Pennsylvania provides an added layer of protection where the case settles. In that instance, a court must approve the amount of the settlement, how the settlement is distributed, and how the settlement is to be taxed under state law.
Anapol Weiss knows how difficult this time may be. If you think you or someone you know may have a potential wrongful death or survival action lawsuit, Anapol Weiss stands ready to assist you from start to finish. Contact our established team of lawyers who can help you navigate this process.
