Wrongful Death Lawsuits in Pennsylvania

Pennsylvania wrongful death lawsuits must be filed by the Personal Representative of the estate of the deceased, often the person named as the Executor in the person's Will. If there was no Will, a loved one may volunteer to be the Personal Representative or the court can appoint someone. If the Personal Representative does not file a wrongful death lawsuit within six months after the death, any beneficiary may file the lawsuit. This suit is not for the representative, who will have to be approved by the courts, but on behalf of all the beneficiaries.

Relatives that qualify as beneficiaries are the surviving spouse, children, and parents of the deceased. To be considered a qualifying beneficiary, survivors must be able to show that they sustained financial damages.

Damages in a wrongful death claim vary, depending on the circumstances of the case. They may include:

• ​funeral and burial expenses
• hospital and medical expenses before death
• estate administration expenses
• lost wages and benefits,
• Including amounts the deceased reasonably would have been expected to contribute to the family's support from the date of the accident to the end of the normal life expectancy.
• compensation for the loss of household services, society, and comfort provided by the deceased, including both physical comforts and services and moral guidance, comfort, and support; loss of love, affection, and consortium for the surviving spouse, and loss of guidance, inheritance, moral upbringing, advice, love, and support for the deceased's children.

• ​compensation for pain and suffering
• punitive damages to punish the defendant if actions were particularly egregious or willful.

Damages like loss of comfort, companionship, and guidance are intended to compensate the surviving family members for their losses, so they are available only to a surviving spouse, children, or parents.

Damages like funeral and burial expenses, medical expenses, and estate administration expenses, however, compensate the estate for costs related to the death, so the personal representative may seek these damages even without a surviving spouse, children, or parents.

There is no cap on the amount of damages for a wrongful death claim, except for punitive damages, which cannot exceed two times the amount of compensatory damages.

Pennsylvania sets a time limit, or "statute of limitations," on wrongful death claims. A wrongful death claim must be filed within two years of the date of the deceased person's death or it will not be heard by the court unless some exception applies.

There are several elements that claimants must establish to win their case, including:

Duty of care –The defendant owed your loved one a legal duty of care.

Breach of duty –The defendant failed to uphold his duty of care by acting negligently or carelessly.

Causation – The defendant's negligence caused the person's death.

Damages – Losses were sustained as a result of the death.

To prove these elements, your attorney will interview witnesses and gather evidence such as police reports, medical records, photos and videos, eyewitness and expert testimony, financial records, and work history.

Wrongful death law is highly regulated by a complex body of rules, and the burden of proof is on the plaintiff. To make sure you get the compensation you deserve, it is essential that you enlist the help of an experienced wrongful death attorney as soon as possible to discuss your legal options.