In Pennsylvania wrongful death cases, damages are awarded to surviving family members and specifically intended for the deceased’s spouse, children, and/or parents. Notably, siblings, aunts, uncles, grandparents, and other more distant relatives of the person who has died cannot be a part of the settlement, even if they were dependent on the deceased.
The wrongful death settlement will be divided per Pennsylvania’s intestate succession laws that govern how property is distributed. Those laws are as follows:
If there is a surviving spouse and children, the spouse will receive the first $30,000 and half of the remaining amount. The other half will be divided equally between the children.
If the decedent was married and did not have surviving children or parents, the entire award will go to the spouse.
If there are children but no spouse, the entire settlement will be divided equally among the children.
If there is a surviving spouse and parents but no children, the spouse will receive the first $30,000 as well as half of the rest, and the parents will divide the other half.
If there are surviving parents but no spouse or children, the parents will split the money equally.
When there is no surviving spouse, child, or parent, the estate's personal representative can still seek damages for funeral and burial expenses, medical bills, and estate administration expenses.