Have you lost a loved one due to someone else’s negligence in Pennsylvania? Our Pennsylvania wrongful death lawyers can help you get the compensation you deserve. Contact The Slocum Firm to schedule a free consultation today.

The loss of a family member can be a devastating experience, both emotionally and financially. If you believe that another person’s wrongful act caused your loved one’s death, you may be entitled to file a wrongful death lawsuit.

At The Slocum Firm, we understand the pain and suffering that comes with the loss of a loved one. Our experienced Pennsylvania wrongful death lawyers are dedicated to helping families like yours seek justice and recover the compensation they deserve.

We know that navigating the legal process after a tragic loss can be overwhelming. That’s why we’re here to guide you through every step, from filing the necessary paperwork to representing you in court. Our goal is to help you obtain the maximum compensation possible so that you can focus on healing and moving forward.

If you’re considering filing a wrongful death lawsuit in Pennsylvania, don’t hesitate to contact The Slocum Firm for a free consultation. We’ll review your case, explain your legal options, and fight for the justice you deserve.

Pennsylvania Wrongful Death Statutes

The Pennsylvania wrongful death law allows surviving family members to file wrongful death lawsuits when a person dies due to someone else’s negligence or intentional act.

Key Provisions of the Statutes

The Pennsylvania Wrongful Death Act includes several key provisions:

  • Eligible Claimants: Surviving family members, such as a spouse, children, or parents, can file a wrongful death claim. If no immediate family exists, the deceased person’s estate can bring the action.
  • Damages: Family members can seek financial compensation for various losses, including:
    • Medical expenses incurred before death
    • Funeral costs and burial expenses
    • Loss of income and support
    • Pain and suffering of the deceased person
    • Loss of companionship and guidance for surviving family members
  • Filing a Wrongful Death Lawsuit: To initiate a wrongful death action, the personal representative of the deceased person’s estate must file the lawsuit within the time frame set by Pennsylvania law, typically within two years from the date of death.

Who Can File a Wrongful Death Claim in Pennsylvania?

The Pennsylvania wrongful death law allows specific parties to pursue a wrongful death lawsuit when a person dies due to another’s wrongful act or negligence.

Eligible Parties for Filing

In Pennsylvania, the following individuals can file a wrongful death claim:

  • Surviving Spouse: The spouse of the deceased has the right to initiate a wrongful death action.
  • Children: If there is no surviving spouse, the children of the deceased can file the claim.
  • Parents: In cases where the deceased has no spouse or children, the parents can take action.
  • Personal Representatives: If none of the above family members are available, a personal representative appointed by the deceased’s estate can file the lawsuit on behalf of the beneficiaries.

Role of Personal Representatives

A personal representative is an individual or entity designated to manage the deceased person’s estate. This role is crucial in wrongful death cases, as they:

  • File the wrongful death lawsuit on behalf of the estate.
  • Handle all legal proceedings related to the claim.
  • Ensure that the financial compensation recovered goes to the appropriate beneficiaries.

Rights of Surviving Family Members

Surviving family members have specific rights under Pennsylvania wrongful death laws. These include:

  • Seeking Financial Compensation: Family members can recover damages for the financial burden caused by the death, including:
    • Medical expenses
    • Funeral and burial costs
    • Loss of companionship
    • Loss of income
  • Filing Wrongful Death Lawsuits: Surviving family members can file wrongful death suits to seek justice for their loved one’s untimely death due to someone else’s negligence or wrongful act.
  • Recovering Survival Action Proceeds: In addition to wrongful death claims, surviving family members may also pursue survival actions, which allow them to claim damages the deceased could have pursued if they had lived.

The Legal Process for Wrongful Death Claims

Understanding the legal process for filing a wrongful death claim is crucial for surviving family members seeking justice under Pennsylvania law. Here’s a simplified breakdown of the steps involved.

Filing a Wrongful Death Claim

The first step is filing a wrongful death lawsuit. Under Pennsylvania law, only a personal representative of the deceased person’s estate can file the claim. This person represents the interests of the deceased’s surviving spouse, children, or parents. 

Wrongful death lawsuits can seek financial compensation for damages like medical expenses, funeral costs, and the emotional loss suffered by the surviving family members.

Pre-Trial Procedures

Once the claim is filed, pre-trial procedures begin. This includes gathering evidence, identifying the negligent party, and determining how the defendant’s breach of duty led to the person’s death. 

Both parties may engage in discovery, where they exchange information and prepare for trial. In some wrongful death cases, the claim may settle out of court, but if not, the case moves to trial.

Trial and Settlement

At trial, the wrongful death attorney presents evidence showing that the defendant owed a duty of care to the deceased and that the defendant breached that duty, resulting in death. 

A successful wrongful death lawsuit can result in financial compensation for the deceased’s estate and surviving family members. Many cases, however, end in a settlement before reaching this stage. An experienced wrongful death attorney will guide you through this process, helping you to recover compensation for your loss.

Statute of Limitations on Pennsylvania Wrongful Death Cases

Understanding the statute of limitations is crucial when it comes to filing a wrongful death claim under Pennsylvania wrongful death laws. 

In Pennsylvania, the wrongful death statute of limitations generally gives surviving family members two years from the date of the deceased person’s death to file a wrongful death lawsuit. This time frame applies to most cases where someone else’s negligence or a wrongful act led to the individual’s death.

Time Limits for Filing a Claim

  • According to Pennsylvania law, you must file a wrongful death lawsuit within two years.
  • Missing this deadline can prevent you from seeking financial compensation for medical bills, funeral expenses, and other costs.

Exceptions to the Statute of Limitations

There are a few exceptions to this rule. In some wrongful death cases, the two-year limit may be extended. For example, if the death was caused by medical malpractice but wasn’t discovered until later, the clock may start when the wrongful act is uncovered. An experienced wrongful death attorney can help determine if an exception applies to your case.

Impact of Missing the Deadline

Failing to meet the statute of limitations can result in losing your right to recover damages. This means surviving family members or the deceased person’s estate may not receive any compensation for their financial burden. 

Working with a Pennsylvania wrongful death lawyer ensures you don’t miss critical deadlines and can seek justice for your loved one’s death.

Settlement vs. Litigation

When facing a wrongful death case in Pennsylvania, understanding your options is crucial. You can either settle with the responsible party or pursue litigation through the courts. Each path has its pros and cons.

Pros and Cons of Settling

Pros:

  • Quicker Resolution: Settlements can be reached faster than court cases, allowing family members to receive financial compensation sooner.
  • Less Stressful: The settlement process is generally less adversarial, reducing the emotional strain on surviving family members.
  • Control Over Outcome: Parties can negotiate terms, leading to an outcome that meets the specific needs of the deceased’s estate.

Cons:

  • Potentially Lower Compensation: Settling might result in a lower financial recovery compared to what a jury could award.
  • No Precedent Set: Settlements don’t create legal precedents, which can be important for future wrongful death actions.

When to Consider Litigation

Litigation may be necessary when:

  • The Defendant Denies Liability: If the negligent party refuses to accept responsibility for the wrongful act, a lawsuit may be the best option.
  • Inadequate Settlement Offers: If initial settlement offers do not adequately cover medical expenses, funeral costs, or the financial burden on the deceased person’s beneficiaries, it may be time to file a wrongful death lawsuit.
  • Complex Cases: Cases involving medical malpractice or multiple defendants often require the thorough examination that only litigation can provide.

Preparing for Court

If you decide to go to court, preparation is key. Here are some important steps:

  • Hire an Experienced Wrongful Death Attorney: A knowledgeable Pennsylvania wrongful death lawyer can guide you through the legal process, ensuring you understand Pennsylvania wrongful death laws.
  • Gather Evidence: Collect documentation related to the deceased’s medical bills, funeral expenses, and any evidence of the defendant’s negligence.
  • Understand the Legal Process: Familiarize yourself with the steps involved in filing a wrongful death claim, including what constitutes a wrongful act and how to present your case effectively.
  • Identify Beneficiaries: Determine who the deceased’s surviving spouse, children, or other beneficiaries are, as they will be involved in the lawsuit.

Benefits of Hiring a Pennsylvania Wrongful Death Lawyer

Losing a loved one is an incredibly difficult experience, especially when their death results from someone else’s negligence or unlawful actions. In Pennsylvania, hiring a wrongful death lawyer can significantly ease the legal process while ensuring you seek the justice and compensation your family deserves.

Understanding Pennsylvania Wrongful Death Laws

Navigating the complexities of Pennsylvania’s wrongful death laws can be challenging. An experienced wrongful death attorney has a comprehensive understanding of the Pennsylvania Wrongful Death Act, which governs wrongful death claims. 

We can guide you through the legal requirements, including identifying the personal representative who can file a wrongful death lawsuit on behalf of the deceased person’s estate.

Support Throughout the Legal Process

When you hire a Pennsylvania wrongful death lawyer, you gain access to a dedicated legal team. This support is vital for:

  • Understanding Legal Rights: Your attorney will explain your rights under Pennsylvania law and help you understand the nuances of your wrongful death case.
  • Filing a Wrongful Death: We will assist you in filing a wrongful death action within the appropriate timeframe, as delays can impact your ability to recover damages.
  • Negotiating with Insurance Companies: Experienced attorneys know how to negotiate effectively with insurance companies to ensure you receive fair compensation.

Financial Compensation for Surviving Family Members

One of the primary goals of a wrongful death lawsuit is to recover financial compensation for the deceased’s surviving family members, such as a spouse, children, or parents. This compensation can cover:

  • Medical Expenses: Costs incurred before the person died, including hospital bills and treatments.
  • Funeral and Burial Expenses: These costs can be a significant financial burden, and your attorney will ensure they are considered in your claim.
  • Loss of Income: If the deceased was the primary breadwinner, the loss of their income can drastically affect the family’s financial stability.

Seeking Justice for Your Loved One

Filing wrongful death lawsuits is not just about financial compensation; it’s also about seeking justice for your loved one. A dedicated lawyer will help you build a strong case by gathering evidence, including documentation of the wrongful act that led to the death. We will aim for a successful wrongful death lawsuit by holding the negligent party accountable.

Frequently Asked Questions About Wrongful Death Laws

What is the Difference Between a Wrongful Death Action and a Survival Action?

A wrongful death action seeks compensation for the losses suffered by the deceased’s surviving spouse and family, while a survival action allows the deceased’s estate to recover damages the deceased person could have claimed if they had lived. This includes medical bills, lost wages, and pain and suffering before death.

Do I Need an Experienced Wrongful Death Attorney?

Yes, navigating wrongful death lawsuits can be complex. An experienced Pennsylvania wrongful death lawyer can help you through the legal process, ensure all deadlines are met, and advocate for the compensation your family deserves. Many law firms, including The Slocum Firm, offer a free consultation to discuss your case.

Contact a Pennsylvania Wrongful Death Lawyer

If you’ve lost a loved one due to someone else’s negligence or wrongful act, filing a wrongful death claim can help you recover compensation for medical bills, funeral expenses, and the financial burden left behind. 

At The Slocum Firm, we understand Pennsylvania wrongful death laws and are here to guide you through this difficult time. Our experienced wrongful death attorneys can help you file a successful wrongful death lawsuit under the Pennsylvania Wrongful Death Act and fight for your family’s rights. Contact us at 570-209-7376 today for a free consultation.

Notes: This post was created with the use of outside sources, including news sources, police and fire reports, social media platforms, as well as first-hand accounts about serious accidents in the state of Pennslyvania. The Slocum Law Firm has not independently verified all facts surrounding this injury accident. If you find inaccurate information relating to this post, please contact us right away so that we can make the correction. We will remove a post if requested.
Disclaimers: This post is not intended as a solicitation for legal representation. None of the information contained herein should be interpreted as medical or legal advice. The image accompanying this post is not a depiction of the actual accident scene.