How Do You Split a Wrongful Death Settlement?

By Pa Accident News Blog

It is never easy for a family to move forward after a loved one has been taken from them prematurely in an accident. However, this is the reality that hundreds of families face every single year in the state of Pennsylvania. Most often, more than one family suffers non-economic and economic losses from the death of a loved one taken too soon in an accident. You may wonder how you will split a wrongful death settlement among numerous individuals. It is important that you know your options after you have sustained these losses.

Who is Eligible to Bring a Wrongful Death Settlement?

Because several parties could be considered surviving family members after a wrongful death, more than one person could be entitled to settlement from a claim. If multiple individuals in the family bring a wrongful death suit, then each party will receive a percentage of the settlement. The following parties could be eligible for bringing a claim:

The surviving spouse
Children of the deceased
Parents of the deceased
Any other type of dependent

These parties could decide to file a claim separately or together. Of course, this does not mean that all parties will be entitled to receiving damages. However, there is a good chance that the damages could be split.

The Division of Wrongful Death Settlements

The division of a wrongful death settlement can be an incredibly complex situation. The best-case scenario is that all involved family members will agree who gets what when it comes to splitting the damages. However, if the claim goes to trial, the jury will determine how the settlement is divided. There are several factors that will be considered when it comes to trial:

Whether or not minor children are involved
If the parties are able to agree on the settlement division
If any parties will contest the settlement
The mental capacity of the adults involved in the claim

The jury or judge will choose to distribute the settlement amount as equally as possible. Those who are most financially dependent on the deceased will likely receive the most. This is why it is important that you have the skilled help of an attorney on your side.

Damages Available in a Wrongful Death Suit

There are specific damages that are typically awarded in a wrongful death suit. These include some of the following, which can make family members feel whole again:

Hospital and medical expenses incurred before the death
Funeral and burial costs
Loss of the deceased’s expected income before their death
Loss of inheritance
Emotional and psychological losses
Punitive damages when severe negligence led to the death

How a Pennsylvania Wrongful Death Attorney Can Help

Money that is won in a wrongful death claim will benefit those who have sustained immense losses due to the death of their loved one. You may have questions concerning how a wrongful death settlement will be split. If you have sustained the loss of a loved one in a fatal Pennsylvania accident, you may wonder where you can turn. Seeking the help of a Pennsylvania wrongful death lawyer can ensure that your rights are being protected during these difficult times. Our attorneys at Edelstein Martin & Nelson are here to assist you every step of the way when it comes to your claim. Please contact a wrongful death attorney in Pennsylvania at (215) 731-9900 to find out what options are available for you.