Losing a loved one is one of the most difficult experiences anyone can face. The grief is compounded when the death is caused by someone else’s negligence or wrongful actions. If you find yourself in this situation, you may be entitled to file a wrongful death claim in Pennsylvania. Understanding the legal process and requirements is essential to ensure you receive the compensation you deserve during such a challenging time.

What Constitutes Wrongful Death?

In Pennsylvania, wrongful death is defined as a death that is caused by the negligence, recklessness, or intentional actions of another party. This can include accidents, medical malpractice, car accidents, defective products, and even violent acts such as assault. To file a wrongful death claim, you must prove that the defendant’s actions directly caused your loved one’s death and that the death resulted in damages to the surviving family members.

Who Can File a Wrongful Death Claim in Pennsylvania?

Under Pennsylvania law, the personal representative of the deceased person’s estate is the only one who can file a wrongful death claim. This individual is usually named in the deceased’s will, but if there is no will, the court will appoint someone to serve in this role.

The claim can benefit surviving family members, including:

• Spouse
• Children
• Parents
• Siblings (in some cases)

While the personal representative files the claim, the proceeds are intended to compensate the surviving family members for their losses, such as funeral expenses, loss of financial support, and emotional distress.

The Wrongful Death Claim Process

Filing a wrongful death claim in Pennsylvania involves several key steps. Here’s an overview of the process:

Step 1: Investigating the Case

Before filing a wrongful death lawsuit, it’s important to investigate the circumstances surrounding the death. Your attorney will gather evidence, such as accident reports, medical records, witness statements, and expert testimonies, to establish that the defendant’s actions directly caused the death.

If the death occurred due to an accident, this may involve reviewing police reports, accident reconstructions, and other relevant documents. If medical malpractice was involved, your attorney may need to consult with medical experts to determine if the healthcare provider’s actions fell below the accepted standard of care.

Step 2: Determining the Value of Your Claim

After the investigation, the next step is determining the value of your claim. This includes both economic and non-economic damages. Economic damages refer to financial losses such as medical bills, funeral expenses, lost wages, and loss of future earning potential. Non-economic damages address the emotional toll the death has taken on surviving family members, such as pain and suffering and loss of companionship.

In Pennsylvania, a wrongful death claim can also include damages for the deceased’s pain and suffering before death, if applicable. This can significantly increase the value of the claim.

Step 3: Filing the Lawsuit

Once the case is ready, the personal representative will file the wrongful death lawsuit in the appropriate Pennsylvania court. It’s important to note that there is a time limit for filing a wrongful death claim. In Pennsylvania, the statute of limitations is typically two years from the date of death. If the claim is not filed within this timeframe, you may lose your right to seek compensation.

Your attorney will handle all the legal paperwork and ensure that the lawsuit is filed on time.

Step 4: Negotiating a Settlement

In many wrongful death cases, the defendant or their insurance company may choose to settle before the case goes to trial. Settlements can save both parties time and money, and they allow the grieving family to avoid the stress of a trial.

Your attorney will negotiate with the defendant’s legal team to secure a fair settlement. If the defendant offers a settlement that is acceptable, the case will be resolved without the need for a trial.

Step 5: Going to Trial

If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides will present evidence, call witnesses, and make their arguments to the judge or jury. The defendant’s legal team will likely attempt to argue that their actions were not the cause of the death or that the damages are not as severe as claimed.

The trial process can be lengthy, and the outcome is never guaranteed. However, if you win your case, the court will award you the appropriate compensation based on the evidence presented.

Potential Damages in a Wrongful Death Claim

There are several types of damages that may be awarded in a wrongful death case in Pennsylvania. These can be divided into economic and non-economic damages, both of which aim to compensate surviving family members for their loss.

Economic Damages

• Funeral and Burial Expenses: The costs associated with your loved one’s funeral, burial, or cremation.
• Medical Bills: If the deceased received medical treatment before passing, these expenses may be included.
• Lost Wages: Compensation for the wages the deceased would have earned if they had not passed away.
• Loss of Financial Support: This includes future income that the deceased would have contributed to the family.

Non-Economic Damages

• Pain and Suffering: Compensation for the emotional pain the surviving family members experienced as a result of the loss.
• Loss of Companionship: Damages for the emotional toll caused by losing the companionship of the deceased, including loss of guidance, support, and comfort.
• Loss of Consortium: This applies to the spouse of the deceased and includes the loss of affection, love, and intimacy.

Why You Need an Attorney for a Wrongful Death Claim

Filing a wrongful death claim can be complex. The legal process requires gathering evidence, calculating damages, and meeting strict deadlines. Working with an experienced wrongful death attorney can significantly improve your chances of obtaining the compensation you deserve.

An attorney can also help you navigate the emotional aspects of the claim. They can handle the legal details while you focus on healing and supporting your family.

Conclusion

Filing a wrongful death claim in Pennsylvania is a complex process, but it can help provide some measure of justice for the loss of a loved one. By understanding the steps involved and working with a skilled attorney, you can ensure that you are fairly compensated for the damages caused by the death.

At Kingbird Legal, we are dedicated to helping families who have experienced the tragic loss of a loved one due to someone else’s negligence. Our compassionate attorneys will work tirelessly to secure the compensation you deserve. If you need assistance with a wrongful death claim in Pennsylvania, don’t hesitate to contact us for a consultation. We’re here to guide you through this difficult time and fight for your family’s rights.