When a person dies because of someone else’s negligence or wrongful act, the surviving family may file a wrongful death claim. If the claim ends in a settlement or court award, the next step involves distributing the money to the eligible family members.
Pennsylvania law sets specific rules for how courts divide this type of settlement. Learning more about these rules will help you understand how much each family member might receive for your claim.
What does a wrongful death settlement pay for?
The wrongful death settlement typically covers funeral costs, medical bills, lost income and the emotional loss suffered by the surviving family. Only certain individuals can receive a portion of the settlement. Under Pennsylvania law, these individuals include the spouse, children and parents of the deceased. These family members must have depended on the deceased person in some way to qualify.
How do courts divide the settlement?
The court divides the settlement in the same way it would divide a personal estate if the person had died without a will. If the deceased person had a spouse but no children or parents, the spouse receives the full amount. If there is a spouse and children, both share the settlement. If there are only children, the children share it equally. If no spouse or children exist, then the parents of the deceased may recover the damages.
The personal representative of the estate usually receives the settlement on behalf of the family. However, that person does not get to keep the funds unless they also qualify as a beneficiary. The representative must submit a plan to the court, showing how to distribute the settlement based on the law. The court reviews this plan and approves it before the money goes to the family members.
This structured process exists to protect those left behind and to ensure a fair outcome for all qualifying survivors. Each case may include unique factors, but the law offers clear guidelines for distribution after a wrongful death.
