Wrongful Death

Losing a loved one is an indescribably painful experience, a moment in time that forever changes the course of a family’s life. The grief is profound, all-consuming, and an extended period of mourning is a natural and necessary part of the healing process. 

However, when this loss is a result of another party’s negligence, carelessness, or recklessness, the sorrow is often compounded by a powerful and justified sense of injustice. The desire for accountability and the need to secure a family’s future in the absence of a loved one can lead to a difficult, but necessary, legal path. This is where the concept of a wrongful death claim comes into focus.

At its core, a wrongful death claim is a civil lawsuit brought by surviving family members against the party or parties responsible for the death. The purpose is twofold: to hold the negligent party accountable for their actions and to provide financial compensation to the survivors for the damages they have incurred. 

In Pennsylvania, as in many states, this legal action is a critical avenue for families to find some measure of justice and financial stability after an unthinkable tragedy. Navigating this complex legal landscape requires a deep understanding of state law and a steadfast commitment to protecting the rights of the deceased and their family.

Defining Wrongful Death under Pennsylvania Law

The term “wrongful death” is not a criminal charge, but rather a legal cause of action in civil court. A wrongful death lawsuit is filed to recover monetary damages, not to imprison the at-fault party. 

Under Pennsylvania law (42 Pa. Cons. Stat. § 8301), a death is considered “wrongful” when it is caused by the “negligent or wrongful act or omission or by the recklessness or default of another.” 

The key legal principle is that the circumstances of the death must be such that the deceased, had they lived, would have been entitled to file a personal injury lawsuit against the at-fault party.

This means that a wrongful death claim is essentially a personal injury case on behalf of the deceased. It can arise from a wide variety of negligent acts, from a drunk driver causing a fatal car accident to a medical professional making a critical error that leads to a patient’s demise. While the criminal justice system may pursue charges for actions like homicide or manslaughter, the wrongful death lawsuit serves a separate and distinct purpose: to provide financial restitution for the profound and quantifiable losses suffered by the victim’s family.

Common Scenarios Leading to Wrongful Death Claims

Wrongful death can stem from countless tragic circumstances, but some categories of negligence are more common than others. These cases often involve complex investigations and require a knowledgeable legal team to establish liability.

• Motor Vehicle Accidents: This is one of the most frequent causes of wrongful death. It includes accidents involving cars, trucks, motorcycles, and pedestrians. Negligence in these cases can take many forms, such as distracted driving (texting while driving), driving under the influence of drugs or alcohol, excessive speeding, or reckless lane changes. In cases involving commercial vehicles, a claim may be brought against not only the driver but also the trucking company for issues like improper training, poor vehicle maintenance, or pressuring drivers to violate federal regulations.
• Medical Malpractice: When a medical professional or a healthcare facility fails to meet the accepted standard of care, and that failure results in a patient’s death, it may constitute medical malpractice. Examples include surgical errors, misdiagnosis or a failure to diagnose a critical illness, medication errors, or a lack of proper monitoring during or after a procedure. These cases are particularly challenging as they require knowledgeable testimony to prove that the healthcare provider’s actions or inactions were the direct cause of death.
• Premises Liability: Property owners and managers have a legal duty to maintain a reasonably safe environment for visitors. When they fail in this duty, and a fatal accident occurs, they can be held liable. This can include deaths from slip and fall accidents on poorly maintained property, drownings in unsecured swimming pools, or fatalities resulting from negligent security in an apartment complex or commercial building.
• Defective Products: A wrongful death claim can also arise from a dangerous or defective product. This can involve a defect in the product’s design, a flaw in its manufacturing, or a failure by the manufacturer to provide adequate warnings about the product’s dangers. For example, a claim could be filed against a vehicle manufacturer for a defective airbag that fails to deploy, or against a pharmaceutical company for a drug with undisclosed fatal side effects.

Who is Eligible to File a Wrongful Death Claim in Pennsylvania?

Understanding who can legally initiate a wrongful death lawsuit is a critical first step. The process is clearly outlined in Pennsylvania law to ensure an orderly and just legal proceeding. The law designates a specific hierarchy for who has the right to file.

Initially, the exclusive right to file a wrongful death lawsuit rests with the personal representative of the deceased person’s estate. This individual is typically named in the deceased’s will, or if there is no will, a court will appoint an administrator to manage the estate’s affairs. The personal representative acts as the named plaintiff in the lawsuit, but it is crucial to understand that they do so on behalf of the deceased’s beneficiaries. They are the legal conduit through which the family’s claim is pursued.

However, Pennsylvania law includes a vital provision to protect the rights of the beneficiaries themselves. If the personal representative fails to initiate a wrongful death claim within six months of the decedent’s death, the right to file the lawsuit passes directly to the beneficiaries. This safeguard prevents a family from being unfairly delayed or blocked from seeking justice due to an inactive or negligent personal representative. This provision underscores the law’s primary goal: to provide recourse for those who have suffered the greatest loss.

The beneficiaries who can recover damages in a wrongful death claim in Pennsylvania are limited to the deceased’s spouse, children, and parents. The law recognizes that these are the individuals most likely to have suffered direct financial and emotional losses. If there is no spouse, child, or parent, the law permits other family members who were financially dependent on the deceased to file a claim.

Another key legal constraint is the statute of limitations. In Pennsylvania, a wrongful death lawsuit generally must be filed within two years of the date of death. This is a strict deadline, and failure to file within this timeframe will almost certainly result in the permanent loss of the right to pursue a claim, regardless of the merits of the case.

Understanding the Types of Damages

While no amount of money can ever truly compensate for the loss of a loved one, a wrongful death lawsuit aims to provide a sense of justice by holding the at-fault party accountable and by providing financial security to the survivors. The damages sought in a wrongful death claim can be substantial and are designed to cover both tangible and intangible losses.

In Pennsylvania, it is important to distinguish between two separate, but often intertwined, legal actions that may be filed after a death: the Wrongful Death claim and the Survival Action.

• Wrongful Death Claim Damages: The purpose of the wrongful death claim itself is to compensate the family members for their losses. These damages may include:
  • Lost Financial Support: This includes the lost wages and benefits the deceased would have earned and contributed to the family had they lived. This is often calculated based on the deceased’s age, earnings, and future earning potential.
  • Medical and Funeral Expenses: All costs associated with the deceased’s final injury and death, including hospital bills, ambulance services, and burial or cremation costs.
  • Loss of Services, Society, and Comfort: This category accounts for the non-economic losses a family suffers. It includes the value of household services the deceased provided (e.g., childcare, home maintenance) as well as the loss of companionship, comfort, society, and guidance.
• Survival Action Damages: A survival action is a separate legal claim brought by the deceased’s estate. The purpose of this action is to recover the damages the deceased would have been able to recover had they survived. This claim seeks compensation for:
  • Conscious Pain and Suffering: This compensates for the physical and emotional pain and suffering the deceased experienced from the moment of injury until their death.
  • Loss of Earnings: A survival action seeks compensation for the deceased’s lost wages from the time of injury until death, as well as future lost earnings.

An attorney who understands wrongful death law can guide a family through these complex legal distinctions to ensure that they pursue every avenue for compensation.

The Role of a Wrongful Death Attorney

The legal process for a wrongful death claim is emotionally and logistically demanding. For a grieving family, it can feel like an impossible task. A dedicated wrongful death attorney serves as a crucial advocate and guide, handling the legal burdens so the family can focus on healing.

An attorney will conduct a thorough investigation, gathering evidence, interviewing witnesses, and consulting with knowledgeable witnesses to reconstruct the events that led to the death. They will handle all communications and negotiations with the at-fault party’s insurance company and legal representatives, ensuring that the family’s rights are protected. 

If a fair settlement cannot be reached, they will prepare and represent the family in court, building a compelling case to present to a judge and jury. Ultimately, the role of a wrongful death attorney is to navigate the legal complexities, provide knowledgeable counsel, and relentlessly pursue the justice and compensation that the family deserves.

Damages in Wrongful Death Cases in Pittsburgh, PA

The loss of a loved one is an inherently devastating experience, and when that loss is due to the negligence or wrongful act of another, the emotional toll is compounded by legal complexities. In Pittsburgh, Pennsylvania, families who have suffered such a tragedy may be entitled to pursue a wrongful death claim. This legal action aims to provide a measure of financial relief and accountability for the profound impact the death has had on surviving family members. Understanding the various types of damages recoverable in a Pennsylvania wrongful death case is crucial for those navigating this difficult process. These damages are designed to address the multifaceted ways in which the loss impacts the surviving family, encompassing both tangible financial burdens and intangible emotional losses.

Medical Expenses Incurred Before Death

One of the initial and most direct financial burdens following a fatal injury is the cost of medical care. In a wrongful death claim in Pittsburgh, PA, families can seek to recover medical expenses incurred by the deceased prior to their death. This includes all costs associated with the medical treatment the deceased received due to the injuries that ultimately led to their passing. These expenses can range from emergency room visits and ambulance fees to extensive hospital stays, surgeries, medications, and rehabilitation services.

Gathering the necessary documentation to support these claims is paramount. This often involves obtaining detailed medical bills, hospital records, and invoices from all healthcare providers involved in the deceased’s treatment. A skilled wrongful death attorney in Pittsburgh, PA, possesses the experience and resources to meticulously collect and organize these documents, ensuring that all relevant medical expenses are properly accounted for in the claim. This meticulous approach helps to build a strong foundation for the financial recovery sought.

Funeral and Burial Expenses

The immediate aftermath of a death often involves significant and unavoidable costs associated with funeral arrangements and burial or cremation. These expenses can place a considerable financial strain on grieving families. Fortunately, in a Pennsylvania wrongful death action, these substantial costs are also recoverable as damages. This category of damages typically includes the cost of the funeral service, embalming, casket or urn, cremation fees, burial plot, headstone, and other related expenses.

Given the emotional nature of making such arrangements, families may not always keep detailed records of every single expense. A dedicated wrongful death attorney in Pittsburgh, PA, understands this challenge and can assist in gathering receipts, invoices, and contracts related to these services. 

They will work diligently to ensure that all legitimate funeral and burial expenses are properly accounted for and included in the wrongful death claim, alleviating some of the financial pressure during an already difficult time.

Lost Income and Benefits, Past and Future

For many families, the deceased was a vital contributor to the household income and overall financial stability. The loss of this earning capacity represents a significant and long-term financial hardship. 

Compensation for lost income and benefits, both past and future, is a critical component of damages in a wrongful death case, particularly if the deceased was a primary wage earner.

This category of damages encompasses the income the deceased would have earned from the time of their death up to the present, as well as the future income and benefits they were reasonably expected to earn had they lived. Calculating these losses can be complex, often requiring the expertise of financial analysts, economists, and vocational experts. 

These experts assess factors such as the deceased’s age, occupation, earning history, education, career trajectory, and projected future earnings. They may also consider lost benefits such as health insurance, retirement contributions, and other employment perks.

Furthermore, this category also includes any amount the deceased would have contributed to family support, even if not directly in the form of a salary. This could include contributions to household expenses, children’s education, and other financial support for dependents. 

Consulting with an experienced wrongful death attorney in Pittsburgh, PA, is essential to understand how these complex lost future earnings are calculated and to ensure that the projection accurately reflects the true financial loss to the surviving family. They will have the resources and network of experts to conduct such an accurate assessment.

Compensation for the Loss of Household Services

Beyond direct financial contributions, individuals often provide invaluable services around the home that contribute significantly to the family’s well-being. 

These household services, though often unquantified in monetary terms during life, become acutely missed after a wrongful death. The value of services the deceased provided, such as childcare, home maintenance, cooking, cleaning, transportation, and other essential tasks, can also be claimed as damages in a wrongful death lawsuit.

Quantifying the monetary value of these services requires careful consideration. A knowledgeable legal counsel in Pittsburgh, PA, can help families assess and quantify these losses. 

This might involve estimating the cost of hiring professionals to perform these tasks, or assigning a reasonable hourly rate to the time the deceased dedicated to these duties. For instance, if the deceased was the primary caregiver for children, the cost of childcare would be a significant factor. Similarly, if they regularly performed home repairs or yard work, the cost of professional services to cover those tasks would be considered.

Compensation for the Loss of Comfort, Moral Guidance, and Support

Not all losses can be measured in dollars and cents. The emotional and relational void left by a wrongful death is profound and lasting. 

This category of damages recognizes the intangible but deeply significant losses suffered by surviving family members due to the absence of their loved one. This includes the loss of companionship, affection, solace, moral guidance, and emotional support. These are often referred to as “loss of consortium” damages.

While these damages are inherently difficult to quantify financially, they are a crucial component of recognizing the full impact of the loss. The legal system acknowledges the importance of these non-economic damages in providing recourse for the profound emotional suffering experienced by surviving spouses, children, and parents. 

Understanding the nuances of how these damages are presented and valued in a legal claim is where the legal knowledge and compassionate approach of a Pittsburgh wrongful death attorney become invaluable. They can articulate the profound personal losses suffered by the family, ensuring these intangible yet crucial aspects are acknowledged.

Estate Administration Expenses

The process of administering a deceased person’s estate can involve various costs, which can sometimes be exacerbated by a wrongful death. These estate administration expenses may also be recoverable in a wrongful death claim. This can include legal fees associated with probate, executor fees, accounting fees, and other administrative costs incurred in settling the deceased’s affairs.

Your legal counsel in Pittsburgh, PA, will be able to advise you on which specific estate administration expenses are recoverable under Pennsylvania law and how to properly document and claim them as part of the overall damages in your wrongful death lawsuit. 

This ensures that the financial burden of managing the estate, which may be more complex due to the circumstances of the wrongful death, is also considered in the compensation sought.

Compensation for Pain and Suffering (of the Deceased)

While wrongful death claims primarily focus on the losses experienced by surviving family members, in some specific circumstances, the deceased may have experienced pain and suffering between the time of the injury and their death. This element of damages is typically pursued through a survival action, which is often brought concurrently with a wrongful death claim.

A survival action seeks to recover damages that the deceased would have been entitled to had they lived and brought a personal injury claim themselves. This includes compensation for their own pain, suffering, disfigurement, and loss of enjoyment of life during the period they lived after the injury but before their death. 

Your legal counsel in Pittsburgh, PA, will meticulously assess the facts of your case to determine if this element of damages is applicable and whether a survival action should be pursued alongside the wrongful death claim. This requires a careful review of medical records and any available witness testimony regarding the deceased’s state of being after the injury.

Important Considerations and Distinctions

It is crucial to understand that not all of these damages are available in every wrongful death case. Pennsylvania law specifies who can recover certain types of damages. For instance, compensation for the loss of companionship, guidance, and comfort is specifically intended to provide recourse to surviving spouses, children, or parents. 

If the deceased did not have any surviving individuals in these categories, these specific damages would not be applicable. A seasoned wrongful death attorney in Pittsburgh, PA, will be able to evaluate the specific circumstances of your case, identify the eligible beneficiaries, and advise you on the types of damages you may be entitled to pursue.

Furthermore, it’s vital to grasp the distinction between a wrongful death civil claim and any potential criminal charges that might be filed against the responsible party. While a criminal conviction can result in punishment for the defendant, such as imprisonment or fines, it does not directly provide financial compensation to the surviving family members for their losses. 

The purpose of a Pittsburgh, PA wrongful death lawsuit is distinctly civil, aiming to seek monetary damages to address the financial and emotional losses suffered by the family. Therefore, even if the defendant is facing criminal charges, the family still retains the absolute right to pursue a separate civil wrongful death action to seek compensation. 

A wrongful death attorney in Pittsburgh, PA, can handle the complexities of the civil claim while keeping you informed of any related criminal proceedings, ensuring your rights are protected on all fronts.

The Role of a Wrongful Death Attorney in Pittsburgh, PA

Navigating the complexities of Pennsylvania’s wrongful death laws can be incredibly overwhelming during an already difficult and emotional time. 

The legal procedures, strict timelines (statutes of limitations), and the specific types of damages available can be challenging to understand and pursue without expert guidance. Engaging a compassionate and experienced wrongful death attorney in Pittsburgh, PA, is not just beneficial; it is often essential to ensure that your rights are protected, and that your claim is handled effectively and efficiently.

A wrongful death attorney in Pittsburgh, PA, will provide comprehensive support and guidance through every step of the process. This includes meticulously investigating the circumstances surrounding your loved one’s death, identifying all potentially responsible parties, gathering crucial evidence to build a strong case, and accurately calculating the full extent of your damages. 

They will handle all communications and negotiations with insurance companies, who often aim to settle claims for the lowest possible amount. Should a fair settlement not be reached, your attorney will be prepared to represent you vigorously in court, advocating for your family’s right to full and just compensation.

Choosing the right wrongful death attorney in Pittsburgh, PA, can make a significant difference not only in the financial outcome of your case but also in providing you with the peace of mind and support you need during this unimaginably challenging period. 

It is highly recommended to seek the counsel of a wrongful death attorney in Pittsburgh, PA, as soon as possible after the tragic loss of a loved one due to another’s negligence. Early engagement allows your attorney to preserve critical evidence, adhere to all legal deadlines, and begin building a robust case on your behalf, maximizing your chances of a successful resolution.

What are the Most Common Forms of Nursing Home Abuse?

Here are some of the most common forms of neglect and abuse that seniors are subjected to in nursing facilities:

Nutritional Deficiencies

Many seniors are on special diets and are only able to tolerate certain types of foods. And when they do not receive proper nourishment, they are at great risk of becoming ill and even developing life-threatening conditions. Part of the problem in this area is that nursing home staff are often not properly trained and do not provide the residents with the meals they are supposed to have. Another issue is that seniors require extra time to eat, and short staffing and/or lack of patience often means that residents are not given adequate time to finish their meals.

Improper Use of Restraints

Sometimes, a nursing home resident needs to be restrained for their own safety. This could be done with physical restraints or chemical restraints (such as medications), or a combination of these. Nursing home employees who are not trained and/or have poor judgment sometimes use these restraints when they are not necessary or appropriate. This can result in very dangerous and deadly conditions; such as extreme physical pain, medication overdoses, severe medical conditions, mental health issues, and even death.

Lack of Adequate Medical Care

Because of understaffing, lack of competence, and similar issues, nursing home residents sometimes do not receive even the basic medical care they need. Some common examples of substandard medical care include failure to check on patients regularly, failure to notice obvious signs that a resident needs medical attention, medication errors (e.g., overdoses, dangerously mixing medications, administering medication to the wrong patient, etc.), and many others.

Physical Abuse

Nursing home residents may be subjected to more than just neglect. Sometimes, it turns into outright abuse. Some employees have questionable backgrounds and/or they are simply not qualified to work with the elderly. Because of their temperament and/or character issues, they physically abuse a resident when they get frustrated, or they do it just to exert their power or feel superior. Examples of physical abuse include pushing, shoving, pinching, slapping, hitting, kicking, beating, and striking with an object.

Sexual Abuse

As horrifying and sickening as it is to contemplate, sexual abuse occurs in nursing facilities far more often than most people realize. According to a 2017 CNN investigation, more than 1,000 nursing homes throughout the country have been cited in recent years for mishandling suspected cases of sexual abuse. Many of the elderly are seen as easy targets for predators, particularly those who have Alzheimer’s and other forms of dementia and are less likely to clearly remember the event. This is one of many reasons why thorough and comprehensive background checks are so crucial when nursing facilities hire employees.

Emotional/Psychological Abuse

Elderly nursing home residents are dependent on their caregivers for almost everything. This makes it very easy for wrongdoers to emotionally abuse someone who is under their care. Examples of emotional/psychological abuse include insults, threats, intimidation, humiliation, harassment, and isolation. And because of the major power imbalance between the caregiver and elderly patient, nursing home residents are very reluctant to report abuse for fear of reprisal and/or fear that they will not be believed.

Statute of Limitations in a Wrongful Death Case

In Pennsylvania, there’s a statute of limitations that applies to wrongful death claims, giving families just two years from the date of death to commence an action. Because your time is limited, and because some events can impact the timing of the statute of limitations on a case, it is important to speak with an attorney as soon as possible. Your lawyer may also need to conduct an independent investigation to preserve critical evidence that will be needed to prove your case.

When to Speak to a Wrongful Death Lawyer

Regardless of how your loved one was fatally injured, it is critical to consult with an attorney about your legal options before you take action yourself. By settling with an insurance company, you may fail to take into account certain matters, leading to a low and unfair settlement award.

Wrongful death cases are filled with emotion. When you are grieving, you should avoid making any major decisions without first talking to a lawyer. You shouldn’t enter into a settlement, sign any releases, or make any agreements with an insurance company or their attorneys.

The best way to protect your interests is to talk with an experienced personal injury lawyer.

Pennsylvania Wrongful Death Attorneys You Can Trust

Wrongful death causes financial and emotional hardship for family members. The wrongful-death attorneys at Caroselli, Beachler & Coleman, L.L.C. provide personalized, aggressive, effective investigation and representation in wrongful death cases.

Wrongful death claims can be incredibly complex. You may have to deal with an insurance claim, workers’ compensation, or file a lawsuit in court, all of which have different applicable procedures and laws. Instead of attempting to navigate these issues yourself, contact our trusted and experienced wrongful death lawyers.

We have more than 45 years of experience helping families recover after serious and devastating losses. We know that this is a difficult time, and our priority is to protect your rights and fight for maximum compensation in your case.

Nothing can take away the pain of your loss, but our attorneys will provide the support you need to grieve on your own terms. We urge you to contact us to speak with a lawyer who understands the emotional and legal issues you are going through. We provide free consultations, and we handle wrongful death cases on a contingency fee basis – which means no out of pocket risk to you.

To arrange a free, confidential consultation, please contact our office in Pittsburgh at 412-391-9860. You may also reach our office toll-free at 866-466-5789 or fill out our contact form for a prompt response.