Wrongful Death v. Survivor Action in Car Fatality Cases

Attorney Tully I saw your explanation of your client’s rights concerning death cases.
You talked about the wrongful death act and the survival act in a death case related to a car accident.
What are the major differences between a wrongful death action and a survivor action?

There are a few.
One concerns the different tax ramifications of the 2 acts.
Damages recoverable under the survival act ARE subject to taxes.

Specifically state taxes and inheritance taxes must be paid by the estate in a survival action.
$$ recovered under the wrongful death act on the other hand is not subject to taxes of any kind.

You can see that in a large recovery against the insurance company, where the money is placed becomes very important.
Survivor action are taxable. Wrongful death action are not taxable.

Guess where we want to put the vast majority of the money?

Another area where there’s a major difference between the two is in the area of creditor liens.
Here I am referring to whether you must pay off the creditors bills.

Generally speaking $$ distributed under the survival action are subject to the claims of creditors.
Proceeds recoverable under the wrongful death act on the other hand are not subject to the claims of creditors.

Again you can see that if there is a huge bill from a creditor that where the monies are allocated as part of the Estate can make a huge difference concerning how much the Estate recovers.

Pittsburgh wrongful death and survivor attorney Bernie Tully understands that this can be a very confusing area of the law.

What makes our firm different is that we are willing to take the time to meet with you and go over what all this legal mumbo-jumbo means to you and to your estate.
What we try to do when we are talking to you regarding these matters is to treat you like a friend or an extended family member..

You can be sure that if you retain us to represent you in your car accident fatality case that we will take the time necessary to keep you informed of the progress we are making in your case.
That is our pledge to you.

So what are you waiting for?

Call Pittsburgh Wrongful death, Survivor action and car accident attorney Bernard Tully today for a free meeting at 412-281-8700.

Thanks for reading.