If you have lost a loved one due to someone else’s negligence, we understand the challenges you’re facing. Let us help you get the justice and compensation your family deserves. Call The Slocum Firm today.

Losing a loved one is always painful, but when their death is caused by someone else’s negligence or wrongdoing, the grief can feel overwhelming. Understanding your legal rights in such tragic circumstances is crucial, especially when it comes to wrongful death laws in Pennsylvania. At The Slocum Firm, we recognize the immense burden families face after losing a loved one unexpectedly. 

Our Philadelphia wrongful death lawyers are here to guide you through the complex legal process and help you seek justice. This page provides essential information on Pennsylvania’s wrongful death laws, offering insight into who can file a claim, the types of compensation available, and the steps necessary to protect your family’s future.

Understanding Wrongful Death Lawsuits in Pennsylvania

In Pennsylvania, a wrongful death lawsuit is a legal claim brought by the survivors of an individual whose death was caused by the negligence, recklessness, or intentional misconduct of another party. This type of lawsuit allows the deceased’s family members to seek compensation for the loss of their loved one. 

A wrongful death lawsuit aims to address the financial and emotional impact the death has had on the surviving family, including the loss of financial support, companionship, and overall quality of life. Pennsylvania law allows the deceased’s estate to recover damages from the responsible party or parties, ensuring the survivors receive justice and compensation for their profound loss.

To pursue a wrongful death claim in Pennsylvania, the legal action must be initiated by a personal representative of the deceased’s estate. This representative can be a family member, such as a spouse or adult child, or an appointed individual from the estate. The lawsuit is typically filed against those whose actions or negligence led to the death, including individuals, companies, or entities. 

In Pennsylvania, the damages awarded in a wrongful death lawsuit may cover a range of losses, such as funeral and burial expenses, loss of the deceased’s income, and compensation for the emotional suffering endured by the family. Through this legal process, families can seek redress for their loss and hold those responsible accountable for their actions.

A Family’s Rights After a Wrongful Death

After a wrongful death, the surviving family members have several crucial rights under Pennsylvania law designed to address the profound impact of their loss. First and foremost, the family has the right to pursue a wrongful death lawsuit to seek compensation for their financial and emotional suffering. This legal action allows the family to recover damages for loss of income that the deceased would have contributed, funeral and burial expenses, and compensation for the loss of companionship, guidance, and support that the deceased provided.

The family has the right to be involved in the legal process. This includes the right to be kept informed about the lawsuit’s progress and to participate in decisions related to the case. The personal representative of the deceased’s estate, often a close family member, is typically responsible for filing the lawsuit and managing the claim on behalf of the family. However, the family members have the right to provide input and be consulted throughout the legal proceedings.

In Pennsylvania, the distribution of any compensation awarded through a wrongful death claim is typically governed by state law. The proceeds are distributed according to a specific order of priority, which may include the surviving spouse, children, and sometimes other dependents or relatives. This structured approach ensures that the financial compensation addresses the needs and losses of those most directly affected by the deceased’s passing. Overall, these rights are intended to provide some measure of relief and justice to families grappling with the aftermath of a wrongful death.

Understanding Survival Actions in Pennsylvania

In Pennsylvania, a survival action is a legal claim that allows the estate of a deceased person to seek damages for the pain and suffering the individual experienced before their death. Unlike a wrongful death claim, which is designed to compensate the surviving family members for their loss, a survival action focuses on the rights and potential claims of the deceased person’s estate. 

This type of action aims to recover damages for the deceased’s suffering and losses sustained before their passing, such as medical expenses incurred as a result of the injury that led to their death.

A survival action can include various forms of compensation. These may encompass the deceased’s medical bills, lost wages or earnings they would have accrued if not for the injury, and compensation for any pain and suffering endured. Essentially, the damages sought in a survival action reflect the financial and emotional impacts experienced by the deceased before their death, which can be substantial, depending on the circumstances.

In Pennsylvania, survival actions are governed by the Pennsylvania Survival Act, which allows for the continuation of the deceased person’s legal claims through their estate. This means that if the deceased had a viable claim at their death, the estate can pursue that claim on their behalf. However, survival actions must be filed within the statute of limitations applicable to the underlying injury or cause of action. Therefore, the estate representatives must act promptly to ensure that all potential claims are preserved and pursued effectively.

The proceeds from a successful survival action are typically distributed according to the terms of the deceased’s will or, if there is no will, according to Pennsylvania’s intestacy laws. This distribution ensures that any damages recovered benefit the estate and, ultimately, the beneficiaries designated by the deceased.

Who Can File a Pennsylvania Wrongful Death Suit or Survival Action?

In Pennsylvania, the ability to file a wrongful death lawsuit or a survival action is generally determined by the relationship between the deceased and the potential plaintiff and the nature of the claim. Here’s a breakdown of who can file each type of legal action:

Those who can file a Pennsylvania wrongful death lawsuit or survival action include:

Immediate Family Members:

• Spouse: The surviving spouse of the deceased has the right to file a wrongful death claim.
• Children: The deceased’s children, whether biological or adopted, are also entitled to file a lawsuit. If the deceased has minor children, they may need a guardian to represent their interests in court.
• Parents: The parents of the deceased can file the claim if the deceased is a minor or if there are no surviving spouses or children.

Personal Representative:

• Executor/Administrator of the Estate: If none of the direct family members are able or willing to file the suit, the personal representative of the deceased’s estate may initiate the wrongful death claim on behalf of the family members.

Estate Beneficiaries

• Heirs or Beneficiaries: While the personal representative files the survival action, the proceeds from the action are distributed according to the terms of the deceased’s will or Pennsylvania’s intestacy laws, benefiting the heirs or beneficiaries of the estate.

In both wrongful death lawsuits and survival actions, it is crucial to consult an experienced attorney to navigate the legal complexities and ensure that the claims are filed within the statute of limitations per Pennsylvania law.

Proof Needed to File a Wrongful Death Lawsuit

Filing a wrongful death lawsuit in Pennsylvania requires presenting compelling evidence to substantiate the claim. The proof needed revolves around establishing several vital elements to demonstrate that the death was wrongful and that damages are warranted. Here’s a detailed look at what is typically required:

Proof of Negligence or Wrongdoing

To succeed in a wrongful death lawsuit, it’s essential to prove that the death resulted from negligence or misconduct. This involves demonstrating that the responsible party owed a duty of care to the deceased, breached that duty, and caused harm that led to the death. This might include:

• Documentation of the Incident: Police reports, accident records, or any official documentation related to the incident can provide evidence of how the breach occurred.
• Witness Testimonies: Statements from witnesses who saw the incident or can provide context about the circumstances leading to the death.
• Expert Opinions: In some cases, expert testimony may be needed to establish how the defendant’s actions deviated from standard practices and led to the fatal outcome.

Proof of Causation

It must be shown that the defendant’s actions were directly responsible for the deceased’s death. This involves:

• Medical Records: Detailed medical records and autopsy reports that link the cause of death to the incident in question.
• Cause of Death Analysis: Evidence showing that the death was a direct result of the injuries sustained from the alleged wrongful act.

Proof of Damages

The plaintiff must also prove the damages suffered due to the wrongful death. This includes:

• Economic Damages: Evidence of financial losses resulting from the death, such as lost income, funeral expenses, and medical bills incurred before death.
• Non-Economic Damages: Proof of the emotional and psychological impact on the surviving family members. This may include testimonies about the deceased’s impact on their lives and evidence of their grief and suffering.

Proof of Relationship to the Deceased

To file a wrongful death claim, the plaintiff must demonstrate their legal standing to bring the suit, which typically involves showing a direct relationship with the deceased:

• Marriage Certificate: For a spouse to file, proof of marriage to the deceased is required.
• Birth Certificates: To establish parentage or children’s relationship to the deceased.
• Legal Documentation: For an executor or personal representative, proof of their authority to act on behalf of the deceased’s estate.

Gathering and presenting this evidence requires thorough preparation and attention to detail. Consulting with a knowledgeable Philadelphia wrongful death attorney can help ensure that all necessary proof is collected and effectively presented to support the claim.

Pennsylvania Filing Deadline

The statute of limitations in Pennsylvania for wrongful death claims is crucial to pursuing legal action. This legal time frame dictates how long individuals have to file a wrongful death lawsuit after a person has passed away due to another party’s negligence or wrongful conduct.

In Pennsylvania, the statute of limitations for filing a wrongful death claim is generally two years from the date of the decedent’s death. This time limit is established under 42 Pennsylvania Consolidated Statutes § 5524, specifying the period for initiating legal action. The clock starts ticking from the date of death, not from the date of the incident that caused the death. Therefore, survivors must be aware of this time frame and act promptly.

While the two-year period is the general rule, some exceptions might alter the timeline. For example, if the responsible party is a government entity, different rules might apply, often involving shorter deadlines. Additionally, if the cause of death was not immediately apparent, the discovery rule might extend the filing period. This rule allows the statute of limitations to begin when the cause of death was discovered or should have been discovered through reasonable diligence.

Given the complexities surrounding the statute of limitations and potential exceptions, consulting with a skilled wrongful death attorney is crucial. An attorney can provide guidance on the appropriate time frame for filing, ensure that all necessary documentation is gathered and submitted, and help navigate any legal nuances that might affect the case. Taking timely action is vital to preserving the right to seek justice and compensation for the loss of a loved one.

Discuss Your Case With a Wrongful Death Lawyer

At The Slocum Firm, we understand the immense pain and complexity that accompanies the loss of a loved one due to wrongful death. Our compassionate and experienced team is dedicated to providing the support and legal expertise needed during this challenging time. We are committed to fighting for your rights and ensuring you receive the justice and compensation you deserve. 

With our knowledge of Pennsylvania’s wrongful death laws and a track record of successful outcomes, our Philadelphia wrongful death lawyers stand ready to guide you through every step of the legal process.

If you are facing the difficult journey of seeking justice for a wrongful death, don’t hesitate to reach out to us. Contact The Slocum Firm today at 570-209-7376 for a free consultation. We are here to help you understand your options and advocate for your family’s rights. Let us provide the legal support you need to achieve a meaningful resolution.