Who Gets the Money in a Wrongful Death Lawsuit?

If you have recently lost a loved one in a tragic accident, you may be wondering how a wrongful death claim works and who gets the money. Wrongful death settlements are paid to the family members following a victim’s death due to someone else’s negligence. When an immediate family member, like a parent or spouse, dies, there is a huge financial and emotional impact. Wrongful death suits work to provide financial support to those who were dependent on the decedent.

Understanding Wrongful Death Lawsuits

Wrongful death claims are a type of civil lawsuit where a deceased person’s surviving family members can recover damages if their loved one’s death was the result of another person’s wrongful act, neglect, unlawful violence, or negligence. While the most common wrongful death lawsuits are related to car accidents and motorcycle accidents, many other fatal accidents are appropriate for this type of lawsuit, including workplace accidents, medical malpractice, and homicide.

To succeed in a wrongful death lawsuit, your attorney will need to prove four things:

• The defendant owed your loved one a duty of care
• The defendant breached this duty of care
• The defendant’s breach of this duty directly caused your loved one’s death, and
• You were financially or emotionally harmed by your loved one’s death

To understand if a wrongful death lawsuit may be appropriate in your case, contact the wrongful death attorneys at Munley Law.

Who Has the Right to File a Wrongful Death Lawsuit in Pennsylvania?

Pennsylvania limits who can sue in a wrongful death lawsuit; only certain immediate family members, including the surviving spouse, children, or parents of the deceased person, may pursue a wrongful death claim. While these limitations exist, there can be some special considerations for other family members. If you were heavily financially dependent on your loved one when they passed away, you may still be considered an eligible beneficiary. Contact Munley Law, and we will evaluate your eligibility as a beneficiary.

Distribution of Wrongful Death Settlements

Money in a wrongful death lawsuit can be distributed in a couple of different ways, through court-ordered distribution or out-of-court settlements. Having a skilled wrongful death lawyer on your side can greatly impact how distribution will work. An experienced wrongful death attorney will negotiate on their client’s behalf, working with insurance companies and other beneficiaries’ attorneys to reach a settlement and agree on how it should be divided. This process is an out-of-court settlement. The benefits are that the beneficiaries get a say in how the settlement is divided, and costs are saved by avoiding the court process.

If an out-of-court settlement is not possible and a wrongful death lawsuit goes to trial, the judge will have full discretion in distributing compensation. In making distribution decisions, the judge will assess factors such as:

• The relationship between the beneficiary and the deceased
• If the beneficiary is a minor
• How financially and emotionally dependent the beneficiary was on the deceased person
• If a beneficiary has made medical or funeral contributions already

To ensure fair distribution of settlement funds in your loved one’s wrongful death lawsuit, consult with Munley Law’s experienced attorneys today.

Types of Damages in Wrongful Death Lawsuits

As a surviving family member in a wrongful death lawsuit, you can recover compensation for both economic and non-economic damages. Economic damages can include a variety of expenses, including medical bills and medical expenses related to the accident, funeral expenses, lost income, and other tangible expenses incurred or lost related to your loved one’s accident and subsequent death.

You are also entitled to non-economic damages that cover intangibles like pain and suffering, mental anguish, loss of companionship, and other emotional upset that has been a result of your loss.

Pennsylvania also allows for punitive damages in some wrongful death cases. Punitive damages are awarded to punish especially reckless or malicious conduct, beyond compensating for actual losses.

To maximize your financial compensation, let Munley Law assess all potential damages in your case.

Wrongful Death vs. Survival Actions: Understanding the Difference

A wrongful death lawsuit is different from survival action in a few key ways. First, a survival action is brought on behalf of a deceased person’s estate, not on behalf of a family member. The compensation in a survival action goes to the decedent’s estate, whereas in a wrongful death suit, the funds go directly to the primary beneficiaries. While the money may end up in the same place ultimately, that will depend on the decedent’s will and applicable estate law.

How damages are calculated will differ slightly in each type of case because a survival action is focused on the damages of the deceased person, while the wrongful death suit focuses on the damages to the deceased person’s surviving spouse, children, or surviving parents. Determine the best legal strategy for your situation with Munley Law’s guidance.

Time Limits for Filing Wrongful Death Claims

Though grief is overwhelming, promptly consulting a wrongful death attorney helps protect your legal rights. In Pennsylvania, you have two years from the date of death to file a wrongful death lawsuit.

There are a couple of exceptions to the statute of limitations you should know. Minor children can file a wrongful death lawsuit for the loss of their parent or guardian up until their 20th birthday. The second exception is that a court may pause the statute of limitations if the defendant has been hiding key information about your loved one’s death. Contact Munley Law to protect your rights and opportunity at justice.

Wrongful Death Attorneys and Settlement Distribution

An experienced wrongful death attorney can negotiate the best possible compensation in your case. They ensure a fair division of funds by working closely with insurance companies and other party’s attorneys. Never accept a low settlement offer, your Munley Law attorney will represent your interests in court if it comes to it. Schedule a free consultation with Munley Law today.

Choosing the Right Wrongful Death Attorney

Picking the right wrongful death attorney can make all the difference in your case, from how you fare emotionally to financially in a case. When selecting an attorney, always read client reviews and case results, and ask all the questions you need during your initial consultation. Find out why Munley Law is the right choice for your wrongful death case; contact us now.