An overview of wrongful death in Pennsylvania

It is an unfortunate fact that those that are victims of someone else’s carelessness sometimes pay the ultimate price. If you have lost a close family member in such circumstances, you may wonder what your legal recovery options are. Fortunately, in Pennsylvania, you have the right to recover compensation in a wrongful death lawsuit for various losses you suffer because of the death.

Overview of lawsuit

A wrongful death lawsuit may be appropriate following any time that a loved one is killed because of a careless, negligent or intentional act of someone else. For instance, this type of lawsuit is often filed following fatal car accidents, industrial accidents, medical malpractice and violent crimes such as murder. The responsible party may be charged with a crime for his or her role in the death, but wrongful death is a civil action. As such, your right to file the lawsuit (or the outcome thereof) is not affected by the presence or absence of criminal charges.

Wrongful death is different from most other types of lawsuits in that the aggrieved party does not sue the party responsible for the death directly in most cases. Instead, the lawsuit is filed by the executor or administrator of the deceased’s estate. However, if six months have elapsed since the death, any eligible party may file the lawsuit under Pennsylvania law. All compensation recovered by the lawsuit is distributed to eligible family members according to the law.

Under the law, not every family member is eligible to recover compensation. In general, only the decedent’s spouse, parents and children may recover. Additionally, each eligible family member must show that they have suffered losses because of the death before they may recover damages.

Compensation available

Under Pennsylvania law, various types of economic and noneconomic losses may be recovered in wrongful death lawsuits. These include the following:

• Loss of decedent’s future income
• Loss of inheritance
• Medical bills
• Funeral and burial expenses
• Loss of decedent’s companionship or parental guidance
• Mental anguish
• Pain and suffering

Aside from a wrongful death lawsuit, in some cases, family members may file a separate civil action called a survivorship action. This type of lawsuit seeks recovery for the personal injuries suffered by the decedent prior to death.

Why Work with Wrongful Death Lawyers in PA?

When a loved one passes away due to the carelessness or negligence of another person or entity, the legal process that follows can be overwhelming. The family is not only dealing with profound grief but is also faced with a complex legal landscape. In Pennsylvania, wrongful death claims are a specific area of law designed to provide a path for surviving family members to seek accountability and financial restitution. Engaging a legal representative familiar with these cases in the Commonwealth can offer critical support during this challenging time.

Understanding PA’s Specific Legal Framework

The legal journey for a wrongful death claim in Pennsylvania is unlike other lawsuits. The law is quite specific about who can file a claim and what must be proven. These cases hinge on demonstrating that the death was a direct result of someone else’s wrongdoing. This could be due to a motor vehicle accident, a medical error, an unsafe work environment, or a defective product.

Without a comprehensive understanding of the applicable statutes and precedents, families may struggle to build a viable case or even to file it within the strict time limits set by state law. A legal professional can ensure that all procedural requirements are met accurately and on time, which is a foundational step for any successful claim.

The Role of a Thorough Investigation

Proving a claim often requires a meticulous investigation, a task that can be emotionally and logistically difficult for a grieving family. A legal team can take on this burden, methodically collecting and analyzing evidence. This includes everything from securing police reports and medical records to interviewing witnesses and consulting with technical or medical professionals.

The attorney can work with investigators to reconstruct the events leading to the death, helping to establish a clear link between the negligence and the loss. This detailed and objective approach is essential for building a strong argument that can stand up to scrutiny from opposing counsel.

Navigating the Court System

Navigating the court system is another major challenge. The process involves multiple steps, including the initial filing of the complaint, the discovery phase, where both sides exchange information, and potentially a trial. Each step is governed by formal rules of civil procedure.

A lawyer acts as a guide through this process, handling the paperwork, scheduling, and court appearances. They can present a family’s case to a judge and jury, articulating the facts in a way that is compelling and clear. Their presence allows the family to step back from the procedural rigors and focus on healing, secure in the knowledge that their case is being managed with professional care.

Negotiating with Insurance Companies

Engaging with insurance companies can be one of the most stressful parts of a wrongful death claim. These companies often have large teams of lawyers whose main goal is to limit their financial liability. They may offer a quick settlement that seems tempting but is often far below what the claim is truly worth.

Without legal representation, families may feel pressured into accepting an inadequate offer. An attorney can handle all communication with the insurance adjusters, counter their tactics, and negotiate for a more just settlement. They can put a family in a more powerful position to demand a fair resolution.

Seeking Financial Restitution

Finally, a wrongful death claim is not only about justice; it is also about securing a family’s financial future. Compensation in these cases can be extensive, covering a range of damages that result from the loss. This may include funeral and burial expenses, outstanding medical bills, and the value of future income the deceased would have earned.

It can also include less tangible but equally important damages, such as the loss of companionship, guidance, and emotional support. A legal representative can work to meticulously calculate these damages and present a comprehensive case for a full recovery. They understand how to value all the ways in which the family’s life has been changed by their loss.

A Comprehensive Approach

Working with an attorney who focuses on these types of cases provides more than just legal advice; it provides a comprehensive approach to a difficult situation. They handle the investigation, manage the legal process, and negotiate with opposing parties. This support allows a family to navigate the complex legal system with confidence and dignity, seeking to achieve the accountability and financial stability they need to move forward.

Speak with an attorney

Unfortunately, wrongful death lawsuits cannot bring the decedent back to life. However, they can help aggrieved family members obtain the financial resources that allow them to move on with their lives. If a loved one has perished following someone’s act of carelessness, contact an experienced personal injury attorney as soon as possible. An attorney can advise you further on your recovery options and work on your behalf to obtain fair compensation under the law.