Pennsylvania, like all other states, has its own laws regarding wrongful deaths. If a person dies because of an intentional or accidental act of another, their survivors can sue.
Because laws related to wrongful death vary from state to state, it is important to contact a Philadelphia wrongful death attorney before filing a claim.
What is “Wrongful death” in Pennsylvania?
According to Pennsylvania law, “wrongful death” is any death that is caused by “the wrongful act, neglect, unlawful violence or negligence of another.” [42 Pa. Stat. Stat. Stat. SS 8301 (2021)]. Wrongful death is when a person dies because of the negligence of another person or entity. This includes:
- A negligence-based incident (such as an auto accident).
- Medical Malpractice
- An intentional act
A wrongful death claim can be viewed as a personal injuries claim where the victim is unable to bring their case to court. An alternative is to have a third party file the wrongful death claim on behalf of the deceased.
In a wrongful death action, the defendant’s liability is limited to financial damages, which the court orders the defendant to pay the survivors. This is the fundamental difference between a lawsuit for wrongful death and a criminal homicide case, in which a conviction can result in jail time or probation and other penalties.
There is another difference between civil and criminal homicide cases. In criminal cases, the accused must prove their guilt “beyond the reasonable doubt”. However, it is possible for one act to lead to criminal charges or a claim for wrongful deaths: A defendant can be sued in civil court for wrongful killing while also facing criminal charges for the same death.
Who is eligible to file a Wrongful Death Lawsuit?
A personal representative of the deceased’s estate must file a wrongful-death lawsuit in Pennsylvania. Should that personal representative not file a -death claim within six (6) months, any beneficiary of the deceased person may file the claim. [Pa. Rules of Civil Procedure No. 2022 (2021)].
What Damages are Possible in a Pennsylvania Wrongful Death Case?
A successful wrongful death suit requires the court to order the defendant to pay damages (or the plaintiff’s losses) to the survivors or estate of the deceased. You can get damages in Pennsylvania to cover a variety of losses.
- Funeral and burial costs
- Hospital and medical expenses
- estate administration expenses
- Loss of wages and benefits, which includes amounts that the deceased would reasonably have earned if he or she had lived.
- Loss of household services, society, and comfort of the deceased.
Who can be awarded damages in a wrongful death case?
A court will consider many factors when determining the damages that will be awarded in a case of wrongful death. These include the relationship of the deceased with his or her surviving family members. In most cases, wrongful death damages may be awarded to:
- Spouses – The spouse who survives the death of the spouse may have a claim for lost companionship and emotional trauma.
- Children – Minor children, but not adults, may be awarded damages for the loss of benefits from their relationship with the parent who has died. This includes comfort and support.
- Parents – Parents of minor children who have died (but not usually parents of adult kids) may also be entitled to damages for emotional trauma and lost relationships.
Punitive damages can be awarded to the family members who survived the death of the deceased. If the defendant’s conduct was reckless or egregious, punitive damages may be awarded. Punitive damages are intended to punish the defendant and discourage similar conduct in the future.
Pennsylvania law provides that damages can be awarded to the surviving spouse, children, and parents of the deceased for any losses they suffer. Even if there are no children, spouses, or parents left, the personal representative can still seek damages to the estate for funeral and burial costs, estate administration expenses, and medical expenses.
Survival Actions
No matter whether or not a wrongful-death action is filed, a survival claim may still be valid. It may be brought by a personal representative. [42 Pa.C.S.A.] governs a survival action. Section 8302 simply states that the estate of the deceased is able to stand in the shoes and responsibilities of the person who has died. The estate’s personal representative can bring the same claims as the deceased could have brought if they had been alive. A survival action can recover damages such as the decedent’s past and future wages, pain, and suffering, and medical bills.
How long do I have to file a Pennsylvania Wrongful Death Claim?
Pennsylvania, like other states, has a law called a “statute of limitations”, which sets a time limit on the filing of wrongful death lawsuits. A wrongful death lawsuit must be filed in Pennsylvania within 2 years from the date of death. The court will likely deny the case if the case is not filed within the two-year deadline.
An experienced lawyer can help you understand how wrongful death laws might apply to your particular situation. No financial reward can replace a loved one, but a wrongful death attorney may help to ensure you can focus on what that loved one would have wanted for your family’s future.
