Who Can File a Wrongful Death Lawsuit in Pennsylvania?
Pennsylvania law defines “wrongful death” as any death the negligence, recklessness, or unlawful action of another person causes. It may be helpful to think of wrongful death as a personal injury claim the decedent could have made had the accident not resulted in his/her death.
Wrongful death claims center on the same theory as personal injury claims: negligence. It is also possible to file a wrongful death claim on the grounds of intent to harm (often on top of a criminal suit). Read on to learn who can file this lawsuit in Pennsylvania or contact a dedicated Philadelphia wrongful death attorney.
RULES FOR FILING A WRONGFUL DEATH LAWSUIT IN PENNSYLVANIA
Not everyone can file a wrongful death lawsuit after a beloved friend or family member passes away. Pennsylvania Rule 2202 states that in most cases, only a “personal representative” of the decedent may file a claim on behalf of individuals entitled to compensation for losing a loved one. A personal representative is someone the family can assign, or the courts may appoint. The representative is responsible for distributing compensation resulting from the wrongful death action.
Before bringing the claim, the personal representative must obtain an order that authorizes him/her to file the action. This takes the form of a Petition with the civil courts – a document the representative or an attorney can file.
The representative must be qualified to act as such, and a judge must sign the order that appoints the person as the personal representative. Anyone interested in acting as a personal representative should seek counsel from a local wrongful death lawyer to ensure he/she submits the proper paperwork within the filing time limit. Otherwise, you could hurt your chances of filing.
Rule 2202 does contain one exception. If a personal representative does not file the wrongful death claim within six months of the deceased person’s date of death, any person “entitled by law to recover damages” may file the action. This includes a personal representative or family member.
This individual will act as trustee ad litem, or trustee for only the legal action, on behalf of all people entitled to share compensation. While a wrongful death claim is underway, no one can bring another action for the same death.
DAMAGES AVAILABLE IN A WRONGFUL DEATH CLAIM
Wrongful death claims and survival actions are two different legal remedies. Survival actions are similar to personal injury claims in that the plaintiff can recover for the victim’s medical expenses, pain and suffering, lost wages, and emotional distress from the time of the accident until the time of death. A wrongful death claim, on the other hand, focuses more on compensation for the surviving family members or beneficiaries. This compensation can include payment for:
- Funeral and burial expenses
- Nursing costs
- Mental anguish
- Loss of the decedent’s love, support, and companionship
- Loss of the decedent’s income and work benefits
- Loss of the decedent’s services
- Estate administration costs
Some damages, such as the loss of support and guidance, are for specific surviving family members, such as a spouse or child. Others, such as economic damages, can go to the personal representative even if there are no surviving children, parents, or spouses. The types and amounts of damages will depend on the nature of the accident and the harm the decedent and surviving family members suffered.
There is a time limit for seeking these damages in Pennsylvania. The civil courts give the personal representative two years from the date of death to file a claim for both wrongful death and survival actions. The sooner you file, the sooner you can seek retribution for an untimely death. Speak to a Philadelphia personal injury lawyer experienced in wrongful death claims as quickly as possible after a loved one’s death to get the process started.
WHO CAN FILE A WRONGFUL DEATH CLAIM IN PENNSYLVANIA?
Under Pennsylvania law, the right to file a wrongful death lawsuit generally belongs to the decedent’s representative. Rule 2202 of Pennsylvania’s laws stipulates that this individual, appointed by the family or the courts, has the legal authority to file a wrongful death action.
If the personal representative does not act within six months of the loved one’s death, other surviving family members, including a spouse, children, or financially dependent relatives, may initiate the lawsuit on behalf of all eligible beneficiaries. Acting as trustee ad litem, they protect the interests of all family members entitled to compensation.
Family members should be aware of the time limits for filing wrongful death claims. The statute of limitations in Pennsylvania allows two years from the date of the decedent’s death to initiate both wrongful death and survival actions.
Missing this deadline can prevent family members from recovering damages for losing a loved one, including compensation for funeral expenses, medical bills, and other financial burdens.
DAMAGES RECOVERABLE IN WRONGFUL DEATH CASES
Wrongful death cases seek to compensate surviving family members for the loss of their loved one. Compensation can cover economic and non-economic damages, addressing the financial harm caused by the wrongful act.
Damages recovered in wrongful death lawsuits may include funeral and burial costs, lost income, and the loss of companionship. For a spouse or child, this compensation also acknowledges the emotional toll and mental anguish they experience after a loved one’s death.
Additionally, survival actions allow the estate to recover damages for the decedent’s pain and suffering, medical expenses incurred before death, and loss of income.
These claims are separate from wrongful death claims, as they aim to cover losses the deceased person could have pursued if they had survived. This distinction is important, as different damages may be awarded to the decedent’s estate versus surviving beneficiaries.
PURSUING COMPENSATION FOR AN UNTIMELY DEATH
Filing a wrongful death lawsuit is a crucial step for families seeking justice for a tragic loss. Whether a wrongful death resulted from medical malpractice, a drunk driver, or another wrongful act, families may pursue compensation to cover the significant financial and emotional impact.
Compensation in these cases often includes monetary damages for lost household services, medical bills incurred before death, and loss of the deceased’s support and companionship.
Working with an experienced wrongful death attorney can help ensure a thorough and practical approach to the case.
A dedicated attorney will help build a solid legal claim by gathering evidence of the defendant’s breach of duty, calculating fair compensation, and representing the family in negotiations with insurance companies or, if needed, in court.
For those who lost a loved one to an intentional act or unlawful violence, pursuing a wrongful death suit can be a way to hold the responsible party accountable.
UNDERSTANDING PENNSYLVANIA WRONGFUL DEATH LAW
Pennsylvania’s wrongful death law provides a path to seek damages for a loved one’s death caused by someone else’s negligence or intent to harm.
However, it is essential to understand what damages may be available and who is eligible to receive them. Surviving children, spouses, and close family members can seek financial compensation for their loss, including coverage for medical care expenses, burial expenses, and the decedent’s lost future earnings.
The law acknowledges the immense value of a person’s life, and these lawsuits aim to provide some financial stability to those who depend on the decedent.
For families dealing with the sudden loss of a loved one, consulting with a knowledgeable wrongful death attorney can make a significant difference in the outcome of a case.
Legal guidance ensures all eligible family members receive the compensation they deserve, even in cases involving complex issues such as survival actions or intestacy laws.