The Orphans’ Court of Philadelphia County had jurisdiction to determine the proper distribution of the proceeds of a wrongful death action brought in Delaware County when the Court of Common Pleas of that county had ordered that the proceeds be … Continue reading
Tag Archives: Wrongful Death
When the court order settling a wrongful death action directs the payment of the proceeds to settlement “to the Administratrix on behalf of the Estate,” the funds were part of the estate and were to be distributed in accordance with … Continue reading
It is proper for a court to enforce a prior settlement order against an insurance company for a wrongful death and survival action, even though the settlement amount exceeds the policy limits, when the initial release was prepared by the … Continue reading
Petition to seal proceedings to allocate settlement between wrongful death and survival actions was denied in the absence of a showing that disclosure would work a clearly defined and serious injury to the parties, who only alleged that the “substantial … Continue reading
In accounting filed for husband’s estate, Orphans’ Court had no jurisdiction over funds previously awarded to wife as compensation for wrongful death and loss of consortium but erroneously paid to husband’s estate, and so ordered the personal representatives to file … Continue reading
Both the Orphans’ Court of the county where letters of administration were issued and the Civil Division of the county in which the administrator brought a wrongful death and survivor action have jurisdiction over issues relating to the distribution of … Continue reading
The court erred in division of wrongful death action damages and survival action damages, because Department of Public Welfare’s (DPW) medicare claim was against the estate instead of a personal injury lien (which would be against the wrongful death action). … Continue reading