Losing a loved one is always difficult, especially when their death was caused by someone else’s carelessness or wrongful actions. In Pennsylvania, the law allows surviving family members to file a wrongful death claim to seek justice and compensation. These claims are not just about legal rights — they also reflect the emotional and financial impact left behind.
The loss of support, companionship, and income can deeply affect families for years to come. Because wrongful death claims involve complex legal steps, it’s important to speak with a skilled PA wrongful death lawyer. Our experienced attorney can help guide you through the process and protect your family’s interests during a very difficult time.
Legal Definition of Wrongful Death in Pennsylvania
Under Pennsylvania law, a wrongful death occurs when someone dies due to the wrongful act, neglect, or violence of another person or party. This could happen in many situations — such as car accidents, medical mistakes, or unsafe conditions on someone else’s property.
If the person who died could have filed a personal injury claim had they survived, then a wrongful death claim is generally valid. This law helps families seek justice when a preventable tragedy occurs.
Eligibility: Who Can File a Wrongful Death Claim
In Pennsylvania, the personal representative of the deceased person’s estate typically files the wrongful death claim. This person is usually named in the will or appointed by the court.
If the personal representative does not file a claim within six months of the death, the spouse, children, or parents of the deceased may file instead. These family members are the ones most affected by the loss and may be entitled to compensation.
Key Elements to Prove in a Wrongful Death Case
To succeed in a wrongful death case, you must prove four key elements:
Duty of Care: The person or company responsible had a legal duty to act safely or responsibly toward the deceased.
- Breach of Duty: They failed to meet that duty through negligence or wrongful behavior.
- Causation: Their actions directly caused the death.
- Damages: The death led to real losses, such as financial or emotional harm to the surviving family.
A PA wrongful death lawyer can help gather the evidence needed to prove each of these elements.
Types of Compensation Available
Economic Damages
These are measurable financial losses, such as:
- Medical bills related to the final injury or illness
- Funeral and burial costs
- Loss of income and benefits the deceased would have provided
- Loss of household services, like childcare or home maintenance
Non-Economic Damages
These address the emotional side of the loss:
- Pain and suffering the deceased experienced before passing
- Loss of love, companionship, care, and guidance for surviving family members
Punitive Damages
In rare cases where the mortality was caused by extreme carelessness or intentional harm, the court may award punitive damages. These are meant to punish the wrongdoer and discourage others from similar behavior.
The Legal Process Involved
Filing the Claim
A wrongful death claim should be filed within two years of the date of death, according to Pennsylvania law. The process starts with preparing legal documents and filing them in the appropriate court.
Discovery Phase
After the claim is filed, both sides share information and evidence. This may include witness statements, medical records, or financial documents. Lawyers may also conduct depositions to ask questions under oath.
Settlement Negotiations or Trial
Most cases end in a settlement, where both parties agree on a fair amount of compensation. If no agreement is reached, the case may go to trial, where a judge or jury will decide the outcome based on the facts presented.
Conclusion
Wrongful death claims are about more than money — they’re about holding someone accountable and helping families rebuild after a devastating loss. Understanding how these claims work can give families the knowledge and confidence they need to move forward.
PA Injury Lawyers, P.C., by your side makes a difficult process more manageable. Our attorney will work to protect your rights, seek the compensation your family deserves, and help you find closure during a painful time.
