An Exeter, Pennsylvania, woman has filed paperwork with the court asking to intercede in another woman's wrongful death suit involving her infant. The Exeter woman was involved in a car accident in January 2008 and was awarded a $44,188 judgment in November of the same year.
According to the court filing, the judgment was never paid; however, the car accident victim learned the other woman had received a settlement of $140,000 in a wrongful death lawsuit after her infant daughter perished in a house fire in Wilkes-Barre, Pennsylvania in July 2007. The cause of the fire that contributed to the death of the infant was allegedly due to defective electrical outlets. The defendants in the wrongful death lawsuit were the home's landlords.
The woman owed the judgment now wants to be paid from the funds the mother received in her wrongful death lawsuit. The lawsuit says the accident victim should be allowed to intervene in the wrongful death lawsuit because she is a "judgment creditor."
While there has been no ruling issued in this case, it is possible the judge may allow the accident victim to collect her judgment. It can be difficult to think about taking money from the mother's wrongful death lawsuit from the death of her daughter, but the woman that was injured in the car accident has the right to be paid, as well.
If your loved one has died due to negligence or recklessness on behalf of another, you should contact a Pennsylvania wrongful death attorney. Wrongful death lawsuits are not just limited to car accidents, but may also apply to cases involving boating accidents, farming accidents, defective products and medical malpractice, just to name a few. Your attorney will be able to advise you as to your options in the case and how best to proceed.
Source: timesleader.com, "Woman seeks payment of jury award out of settlement in child's death" Shenna DeLazio, Jul. 24, 2013