Wrongful Death cases<\/a> are generally brought by family members surviving the decedent who died The apportionment between the Wrongful Death claim and the Survival Claim is important, Wrongful Death cases are generally brought by family members surviving the decedent who died as the result of a personal injury. Generally, there are two components. One is the Wrongful Death action itself. This is designed to compensate surviving family…<\/span><\/p>\n
\nas the result of a personal injury. Generally, there are two components. One is the Wrongful
\nDeath action itself. This is designed to compensate surviving family members for their loss of
\nconsortium. In addition, there is usually a Survival Claim brought by the personal representative
\nof the decedent\u2019s estate. This money is paid to the beneficiaries of the estate. If there is a Will
\nthe Will controls, in the absence of a Will the state\u2019s intestacy statute controls.<\/p>\nIssue #1 \u2013 Apportionment Between Wrongful Death Claim<\/a> and Survival Claim<\/h3>\n
\nbecause the payments made to the Wrongful Death claim plaintiffs are income tax-free as a
\npersonal injury settlement. The Survival Claim is income tax-free, but is subject to estate and
\ninheritance taxes. For 2013, the exemption from federal estate tax is $5,250,000. The New
\nJersey estate (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"