Westmoreland Cnty. C.P. Orphans' Rules RULE WO 5.20

A petition to compromise and settle a wrongful death and survival action shall contain, at minimum, the following averments of fact:

(a) Description of the factual circumstances of the case. These should include the date of the accident or injury, how the accident or injury occurred, the age of the decedent at the time of the accident or injury, and identification of the defendant. If the case involves an automobile accident, the accident report should be attached.

(b) Amount and terms of the proposed settlement. The petition should clearly identify whom the attorney bringing the petition represents (i.e., the insurance company or the heirs or beneficiaries of the decedent).

(c) Statement regarding the efforts made to secure the best settlement. Where appropriate, the petition should inform the court whether there is a question of liability and should briefly address any legal or factual issues which may impede successful litigation.

(d) An affirmation by petitioner’s counsel that the settlement is the best settlement that could be obtained. (Note: This could also be in the form of an attached affidavit.)

(e) The attorney fee arrangement. A copy of the written fee agreement must be attached. In structured settlements, the fee must be based on the present value of the annuity.

(f) A list of any other expenses which will be deducted from the heirs’ or beneficiaries’ share of the settlement (e.g. costs advanced for medical reports, hospital records, filing fees, etc.).

(g) A statement as to whether the plaintiff’s decedent died intestate or with a will, and if a will was in existence, the effect of the will upon the proposed monetary distribution between wrongful death and survival actions. If a will exists, a copy must be attached as an exhibit to the petition.

(h) The exact amount of the wrongful death portion of the settlement each of the wrongful death beneficiaries is to receive.

(i) Dependency. Whether the parties proposed to receive funds from the wrongful death portion of the settlement were dependents of the decedent.

(j) Survival. How long the decedent survived after the accident.

(k) Notice. That notice of the presentation of the petition has been given to all of the beneficiaries named under the decedent’s will, if the decedent died testate, and to the decedent’s intestate heirs, whether the decedent died testate or intestate.

(l) The proposed order should provide in detail the proposed distribution of funds.

Adopted February 1, 1996, effective May 1, 1996. Rule WO604 renumbered June 6, 2017, effective May 29, 2017.