When a death is caused by negligence or wrongful conduct, Pennsylvania law allows certain individuals to pursue a wrongful death lawsuit. These claims are designed to seek compensation for financial and personal losses resulting from the death. The laws governing who can file a wrongful death lawsuit and what compensation may be available are specific and time-sensitive. Understanding the structure of these claims is important for anyone considering legal action after a fatal incident.
Who Has the Legal Right to File a Wrongful Death Lawsuit in Pennsylvania?
Under Pennsylvania law, the personal representative of the deceased individual’s estate must file the wrongful death lawsuit. This person is typically named in the deceased’s will. If there is no will or named representative, the court may appoint someone to fulfill this role.
While the personal representative files the case, it is done on behalf of certain surviving family members. These typically include a spouse, children, or parents of the deceased. Other relatives or individuals are not permitted to bring these claims unless they qualify as beneficiaries under Pennsylvania’s wrongful death statute.
If the personal representative fails to file a wrongful death claim within six months from the date of death, any of the eligible beneficiaries may file the lawsuit on behalf of all entitled parties. This provision helps prevent delays and allows surviving family members to pursue compensation if the personal representative does not take action.
What Types of Losses Can Be Recovered in a Wrongful Death Lawsuit?
Wrongful death claims are intended to address specific losses suffered by family members and the estate. Recoverable damages may include funeral and burial costs, medical bills related to the deceased’s final injury or illness, and lost income or benefits the deceased would have provided. Additionally, family members may seek compensation for the loss of companionship, guidance, and services that the deceased would have continued to offer. These damages are not intended to punish the responsible party, but to compensate the survivors and the estate for measurable losses.
Is There a Difference Between a Wrongful Death Claim and a Survival Action?
A ‘wrongful death claim’ is brought for the benefit of surviving family members, while a ‘survival action’ seeks damages that the deceased could have pursued if they had survived.
The survival action is also filed by the personal representative and becomes part of the deceased’s estate. It may include compensation for pain and suffering experienced before death, as well as lost wages and other economic losses up to the date of death. Any damages recovered through a survival action are distributed according to the terms of the will or Pennsylvania’s intestacy laws.
How Long Do Family Members Have to File a Wrongful Death Lawsuit in Pennsylvania?
Pennsylvania law imposes a two-year statute of limitations for wrongful death lawsuits. This means the claim must be filed within two years of the date of death. Failing to file within this period can result in the court dismissing the case, regardless of its merit. It is important to act in a timely manner so that evidence can be preserved and the case can proceed within the allowable timeframe. The court generally will not make exceptions unless extraordinary circumstances apply.
What Types of Incidents May Give Rise to a Wrongful Death Claim?
Wrongful death lawsuits arise from incidents like car accidents, medical malpractice, workplace incidents, dangerous property conditions, or defective products. The key element is that the death must have resulted from the negligent or wrongful conduct of another party.
Each case requires specific evidence to show that the death was caused by an act that would have entitled the deceased to file a personal injury claim had they survived. These claims involve gathering records, witness statements, and expert evaluations related to the cause of death and financial impact.
A Skilled Chester County Wrongful Death Lawyer at Samuel Anyan Attorney At Law Offers Help in Getting You the Compensation You Deserve
Let an experienced Chester County wrongful death lawyer at Samuel Anyan Attorney At Law guide you through the legal process to pursue fair compensation for your damages. For a free consultation, call 833-372-6946 or complete our online form. Located in Philadelphia, we proudly serve clients in Chester County, Delaware County, Montgomery County, Bucks County, Dauphin County, Berks County, Lehigh County, and Northampton County.