Losing a loved one is an unimaginable tragedy, and it becomes even more painful when that loss occurs due to someone else’s negligence or wrongful actions. In Pennsylvania, when a person dies because of another party’s careless or intentional behavior, their surviving family members may have grounds to file a wrongful death claim. These cases can arise from a variety of situations, each with its own set of challenges and legal requirements. Understanding the common types of wrongful death cases can help you navigate this difficult time and know your rights.

What is a Wrongful Death Claim?

A wrongful death claim in Pennsylvania allows the surviving family members of a deceased person to seek compensation for their loss when someone else’s negligence or intentional conduct caused the death. This claim is typically filed by the personal representative of the deceased person’s estate, although it benefits the surviving family members, including spouses, children, and parents. The damages in wrongful death cases often cover funeral expenses, medical bills, loss of income, and emotional suffering.

While every wrongful death case is unique, there are certain types of incidents that frequently lead to these claims in Pennsylvania. Here’s a look at some of the most common scenarios.

1. Motor Vehicle Accidents

One of the most common causes of wrongful death claims in Pennsylvania is motor vehicle accidents. Whether it’s a car crash, truck accident, motorcycle collision, or pedestrian accident, fatal injuries resulting from these incidents can be devastating to families.

In cases where a driver is at fault due to reckless driving, distracted driving (such as texting while driving), driving under the influence (DUI), or speeding, the surviving family members may have a legitimate wrongful death claim. These accidents often involve multiple parties, including other drivers, commercial trucking companies, or municipalities responsible for poorly maintained roads.

For example, if a person dies in a car accident caused by a drunk driver, the victim’s family could pursue a wrongful death claim against the driver responsible for the accident. Pennsylvania follows a comparative negligence rule, meaning that if multiple parties are at fault, damages can still be pursued based on the degree of responsibility each party holds.

2. Workplace Accidents

Another type of wrongful death case often seen in Pennsylvania involves workplace accidents. Whether in construction, manufacturing, or any other industry, fatal injuries can occur due to unsafe working conditions, lack of proper training, or employer negligence.

Common causes of fatal workplace accidents include:

• Falls from heights (especially on construction sites)
• Electrocution or burns due to improper safety precautions
• Heavy machinery accidents involving inadequate safety measures or faulty equipment
• Exposure to hazardous materials without the proper protective gear

While workers’ compensation benefits are typically available for workplace injuries, they do not cover pain and suffering, and the compensation can be limited. In certain circumstances, families may pursue a wrongful death claim in addition to any workers’ compensation benefits, particularly when third parties (such as equipment manufacturers or contractors) are responsible for the fatal incident.

3. Medical Malpractice

When a person dies due to medical negligence or errors, it can lead to a wrongful death case. Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, leading to injury or death. Examples include:

• Misdiagnosis or delayed diagnosis of a life-threatening illness
• Surgical errors, such as operating on the wrong body part
• Medication mistakes or improper dosage
• Birth injuries caused by medical negligence

In Pennsylvania, medical malpractice claims have specific legal requirements and often require expert testimony to prove that the healthcare provider’s actions directly caused the death. This can make these cases more complex, but when successful, a wrongful death claim can provide compensation for the loss of life and the resulting emotional and financial hardship.

4. Product Liability

Product liability cases arise when a defect in a product leads to fatal injuries. This could involve anything from faulty automobiles, dangerous pharmaceuticals, unsafe household products, or defective industrial machinery. If a product is defectively designed, manufactured, or labeled, and it causes a fatal accident, the surviving family members may be able to pursue a wrongful death claim against the manufacturer, distributor, or retailer.

For example, if a defective car part leads to a fatal crash, the family may be able to file a wrongful death claim against the car manufacturer. Likewise, if a defective drug causes an adverse reaction leading to death, the pharmaceutical company may be held accountable. Product liability cases often require extensive investigation and expert witnesses to prove the defect and causation.

5. Premises Liability

Property owners are generally responsible for ensuring that their property is safe for visitors. If a fatal accident occurs due to hazardous conditions on someone’s property, it may be grounds for a wrongful death claim under premises liability law. This includes incidents such as:

• Slip and fall accidents due to poorly maintained floors or ice
• Fatal accidents caused by faulty stairways or balconies
• Drownings at pools that lack proper safety measures or warnings
• Accidents resulting from unsecured or improperly stored hazardous materials

If a property owner’s negligence or failure to maintain their property led to the death of a loved one, the family may be able to recover compensation. Premises liability cases can be tricky, as the property owner may try to argue that the victim was trespassing or not following proper safety precautions.

6. Criminal Acts

In some tragic cases, wrongful death occurs due to intentional criminal acts such as homicide, assault, or other violent crimes. Although criminal cases are handled by the state, surviving family members can file a wrongful death claim in civil court to seek damages for their loss. For instance, if someone is killed in a violent robbery or an assault, the family can pursue a wrongful death claim against the responsible party, even if the criminal is already facing criminal charges.

Criminal acts often result in both criminal prosecution and civil wrongful death litigation, providing families with the opportunity to seek justice and compensation from the responsible party.

7. Nursing Home Abuse and Neglect

Elderly individuals residing in nursing homes or long-term care facilities are often vulnerable to abuse and neglect. Sadly, fatal injuries resulting from nursing home abuse, neglect, or inadequate care can lead to wrongful death claims. Some common causes of nursing home wrongful deaths include:

• Physical abuse by staff members
• Malnutrition or dehydration
• Falls caused by lack of supervision
• Inadequate medical care or failure to administer medication

If the staff or management of a nursing home failed to provide appropriate care and this negligence led to the death of a resident, the family may be able to pursue a wrongful death claim.

Conclusion

Wrongful death claims are a way for surviving family members to seek justice and compensation after losing a loved one due to the negligence or wrongful actions of others. In Pennsylvania, these claims can arise from a variety of incidents, including motor vehicle accidents, medical malpractice, workplace accidents, and more. If you suspect that your loved one’s death was caused by someone else’s actions, it’s essential to consult with an experienced personal injury lawyer to discuss your legal options.

At Kingbird Legal, we understand the emotional and financial burdens that come with the loss of a loved one. Our compassionate team is here to guide you through the legal process, ensuring that your rights are protected and that you receive the compensation you deserve. Contact Kingbird Legal today to schedule a consultation and learn more about how we can help you with your wrongful death claim.