Losing a loved one due to an accident or preventable incident is a devastating experience. In Pennsylvania, wrongful death lawsuits are a legal option for those who have lost someone due to the negligence or misconduct of others. However, not everyone is eligible to file a wrongful death claim. Understanding who can file this type of lawsuit and how the process works is important for those who seek justice for their loved one’s untimely death.

A wrongful death lawsuit in Pennsylvania allows the surviving family members to seek compensation for the emotional and financial losses they have suffered as a result of the death. While this can never replace the loved one they’ve lost, it can help alleviate some of the financial burdens caused by the death and potentially hold those responsible accountable. This blog explains who is eligible to file a wrongful death lawsuit in Pennsylvania, and how the process works.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is filed when someone’s death is caused by another person’s negligent, reckless, or intentional actions. This can include a variety of scenarios, such as car accidents, medical malpractice, workplace accidents, or criminal acts.

In Pennsylvania, the claim is brought by the deceased person’s representative. Unlike other personal injury lawsuits, a wrongful death lawsuit does not address the pain and suffering of the deceased individual; rather, it seeks compensation for the survivors, who have experienced losses due to the death.

Who Is Eligible to File a Wrongful Death Lawsuit in Pennsylvania?

In Pennsylvania, specific individuals are permitted to file a wrongful death lawsuit. Typically, the personal representative of the deceased person’s estate is responsible for initiating the claim on behalf of the surviving family members. The identity of the personal representative and the family members who benefit from the lawsuit depend on the deceased person’s relationships and the circumstances surrounding their death.

The Personal Representative

The first thing to know about filing a wrongful death lawsuit is that the claim must be filed by a personal representative of the deceased person’s estate. This representative is usually appointed through the deceased person’s will. If there is no will, the court may appoint a representative.

The personal representative has the legal authority to act on behalf of the estate, including filing the wrongful death lawsuit. They are responsible for gathering evidence, speaking to legal counsel, and ensuring that the lawsuit is filed within the appropriate time frame. The personal representative does not need to be a family member; however, it is common for a family member to be chosen for this role.

Surviving Family Members Who Can Benefit

While the personal representative is responsible for filing the wrongful death lawsuit, the family members who have been most affected by the loss are the ones who can receive compensation. In Pennsylvania, the law specifies which relatives are entitled to recover damages in a wrongful death case:

1. Spouse of the Deceased
   The surviving spouse is generally the first in line to recover damages. They can seek compensation for the loss of their spouse’s companionship, financial support, and other aspects of the relationship that were cut short.
2. Children of the Deceased
   If the deceased person has children, they are eligible to recover damages. This includes biological children, adopted children, and sometimes stepchildren if they were financially dependent on the deceased. Children can seek compensation for loss of parental guidance, support, and affection.
3. Parents of the Deceased
   In cases where the deceased person is not married and does not have children, the parents of the deceased may be eligible to file the lawsuit and recover damages. Parents can seek compensation for the loss of their child, which can be both emotionally and financially devastating.
4. Siblings and Other Relatives
   Siblings and other extended family members are not typically eligible to recover damages in a wrongful death lawsuit unless they were financially dependent on the deceased or had a close, supportive relationship with the person. However, the law generally focuses on immediate family members when it comes to determining who can file and recover in these cases.

Who Cannot File a Wrongful Death Lawsuit in Pennsylvania?

While family members and the personal representative can pursue compensation, there are individuals who do not have the right to file a wrongful death lawsuit in Pennsylvania. For example:

• Friends and Extended Family: Close friends, grandparents, and other extended family members who were not financially dependent on the deceased cannot typically file a wrongful death lawsuit.
• Business Partners or Employers: While a business partner may have suffered a financial loss from the death of someone in the business, they are not eligible to file a wrongful death claim unless they were also a personal representative of the estate.

Filing Deadlines for Wrongful Death Lawsuits in Pennsylvania

In Pennsylvania, wrongful death claims are subject to a statute of limitations, which requires the lawsuit to be filed within two years from the date of the individual’s death. If the claim is not filed within this time frame, the court may dismiss the case, leaving the family members unable to seek compensation for their loss.

This two-year period is essential to ensure the preservation of evidence and the timely resolution of the case. While this deadline is strict, there are exceptions, such as cases involving minors or when the responsible party is a government agency. To fully understand how the statute of limitations applies to your specific situation, it is crucial to consult with a knowledgeable attorney.

Damages That Can Be Recovered in a Wrongful Death Lawsuit

The damages in a wrongful death lawsuit are meant to compensate the survivors for the financial and emotional hardships they face due to the death of their loved one. Some of the damages that can be awarded include:

• Funeral and Burial Expenses: The cost of the funeral and burial can be included in the lawsuit.
• Medical Expenses: If the deceased incurred medical costs before their death, those expenses may be covered.
• Loss of Financial Support: This includes lost wages and benefits that the deceased person would have provided to the family.
• Loss of Companionship and Emotional Support: Survivors can recover damages for the loss of the deceased person’s love, affection, and guidance.
• Pain and Suffering: If the deceased person suffered before their death, survivors may be able to recover damages for that suffering.

Conclusion

It is important to know who is eligible to file a wrongful death lawsuit in Pennsylvania if you have lost a loved one due to someone else’s negligence or wrongful actions. Typically, the personal representative of the deceased’s estate is the one who initiates the lawsuit on behalf of the surviving family members, who may be entitled to compensation. Navigating a wrongful death claim can be complicated, and having an experienced attorney on your side is crucial to achieving a successful outcome.

At Kingbird Legal, we are committed to helping families who have suffered the loss of a loved one due to someone else’s actions. Our team has the knowledge and experience to guide you through the legal process and ensure that you receive the justice and compensation you deserve. If you are considering filing a wrongful death lawsuit, contact Kingbird Legal today for a consultation.