The unexpected loss of a loved one leaves a void that no legal action can truly fill. Yet, in cases where negligence played a role, pursuing a wrongful death claim becomes not just a matter of compensation but a path toward accountability and closure. You need a mixture of expertise and empathy – qualities that have helped Rand Spear’s legal team secure over $750 million in compensation for clients of various claims.
Wrongful death settlements in New Jersey and Pennsylvania present unique challenges, with each state applying distinct rules for division among beneficiaries. Working with a Pennsylvania and New Jersey wrongful death lawyer can help you through these nuances as you seek potential and fair resolution during a difficult time. Gaining insights from a wrongful death lawyer serving Pennsylvania & New Jersey can help you make informed decisions as you consider your legal options.
How a Wrongful Death Settlement May Get Divided in New Jersey
According to the New Jersey summary of state wrongful death and intestacy statutes, wrongful death damages are distributed to those eligible to recover under intestate law in proportion to their pecuniary loss. If a surviving spouse has no children or parents, the spouse receives the entire estate. When there is a spouse and children, the spouse takes the first $50,000 plus half of the remaining estate if the children are also the spouse’s; if not, the spouse only takes half of the estate.
In cases where there’s a spouse and parents but no children, the spouse receives the first $50,000 plus half of the remaining estate, with the remainder divided equally among the parents. If there are no children but surviving parents, the parents share the estate equally. When no surviving parents exist, the estate is divided among the decedent’s siblings or their descendants.
New Jersey law recognizes both financial and non-financial contributions in wrongful death settlements. The distribution accounts for pecuniary losses, including financial support and the value of services, companionship, and guidance the deceased would have provided. This approach aims to address the loss’s economic and personal impact on the family unit.
How Pennsylvania Courts May Divide a Wrongful Death Settlement Differently
Pennsylvania’s approach to dividing wrongful death settlements differs from New Jersey’s system in several key aspects, according to Title 20 – Decedents, Estates, and Fiduciaries. The state’s laws prioritize certain family members in the distribution process, creating a hierarchy of beneficiaries. This hierarchy typically follows this order:
- Spouse
- Children
- Parents
- Siblings (in some cases)
In Pennsylvania, if a surviving spouse has no children, the spouse receives the entire wrongful death settlement. However, if there are children, the spouse receives the first $30,000 plus half of the remaining balance, with the other half divided among the children. When there is no spouse, the children share the entire settlement equally.
Damages You Might Get in a Wrongful Death Lawsuit
Wrongful death lawsuits in both New Jersey and Pennsylvania can result in various types of damages awarded to compensate the family for their loss. These damages generally fall into two categories: economic and non-economic. Some common types of damages include:
- Medical expenses related to the final illness or injury
- Funeral and burial costs
- Lost wages and benefits the deceased would have earned
- Loss of household services
- Loss of companionship and guidance
- Pain and suffering of the deceased before death (in survival actions)
The specific damages awarded can vary significantly based on the circumstances of the case and the evidence presented, and an attorney can help you determine average wrongful death settlements and what yours may be worth. The deceased’s age, earning capacity, and life expectancy determine the settlement amount. The nature of the relationship between the deceased and the beneficiaries can influence non-economic damage awards, particularly in cases involving young children who have lost a parent.
How Courts Distribute Damages if Both Survival and Wrongful Death Actions Exist
In some instances, both a wrongful death claim and a survival action may be filed in connection with a single fatality. While these legal actions are related, they serve different purposes and may result in separate damage awards. Wrongful death claims focus on compensating the family members for their losses, while survival actions seek damages for the pain and suffering experienced by the deceased before death.
When both actions are successful, the court must determine how to distribute the combined damages between the estate (for the survival action) and the beneficiaries (for the wrongful death claim). This distribution can be complex, as it involves balancing the rights of creditors, tax implications, and the needs of the surviving family members. The court may consider factors such as the length of time between the injury and death, the severity of the deceased’s suffering, and the financial circumstances of the beneficiaries.
In some cases, the court may allocate a larger portion of the damages to the wrongful death claim to maximize the benefit to the surviving family members. This approach can help protect the settlement from creditors’ claims against the estate and potentially reduce estate tax liabilities. However, each case is unique, and the final distribution will depend on the specific circumstances and applicable state laws.
Potential Parties Who Can File for a Wrongful Death Claim
Wrongful death claims are not open to everyone; the law restricts who can initiate such legal proceedings to a select group of individuals with close ties to the person who passed away. The exact rules vary between New Jersey and Pennsylvania. The general categories of eligible parties who can file a wrongful death lawsuit or claim include:
- Immediate family members (spouse and children)
- Parents of unmarried adult children
- Financial dependents
- Executors or personal representatives of the estate
In both states, the deceased’s spouse and children are given priority in filing wrongful death claims. Parents may have the right to file if there is no surviving spouse or children, particularly if they depend financially on the deceased. In some cases, siblings or more distant relatives may be eligible if they can demonstrate financial dependency or a close familial relationship.
Seek the Help of Rand Spear and Demand Rand for Your Wrongful Death Claim
Do not let confusion about legal procedures or concerns about costs prevent you from seeking the justice and compensation your family is seeking. Contact Rand Spear Law Office today for a free consultation to discuss your case. Our compassionate attorneys will evaluate your situation, explain your rights, and help you understand the potential outcomes of pursuing a wrongful death claim.
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