Wrongful Death Claims in PA: Understanding Your Legal Options
The untimely passing of a loved one is always heartbreaking but only exacerbated when his or her death is caused by someone else’s negligence. In Pennsylvania, a wrongful death claim may be filed by the personal representative of the deceased’s estate. While you may not be able to bring back your relative, our Franklin County wrongful death attorneys are ready to advocate for the maximum financial support your family needs.
What is a Wrongful Death Claim?
A wrongful death claim is a civil claim that is filed by the personal representative of a decedent’s estate. Although the personal representative must bring the claim to court, the claim is for the benefit of surviving family members. A wrongful death claim can be pursued when a person or organization causes an individual’s death through an intentional act, negligence, or wrongful conduct. In Pennsylvania, a wrongful death claim may benefit spouses, children, or parents of the deceased.
Types of Wrongful Death Cases
A wrongful death claim may pertain to:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Construction accidents
- Defective products
Elements of a Wrongful Death Claim
A successful wrongful death claim hinges on proving the following negligence elements:
- Duty of care: The defendant owed a duty to act in a certain manner given the circumstances. For example, a grocery store owner has a duty to warn customers of any known hazards or to fix the issue. If an owner is aware of a spill, he or she has a responsibility to wipe it up immediately.
- Breach of duty: Through either an act or omission, the defendant failed to uphold his or her duty of care. In a slip and fall case, the grocery store owner failed to clean up the spill.
- Causation: As a result of the defendant’s conduct, the plaintiff suffered fatal injuries. In a slip and fall case, the plaintiff may slip on a wet floor and suffer a fatal brain injury.
- Damages: The plaintiff’s death resulted in measurable losses to the surviving family members (as described below).
Two-Year Statute of Limitations
While you may attempt to reach a settlement with insurance, a claims adjuster may not offer you and your family fair compensation. If you and your family are repeatedly offered low settlements or if negotiations stall, you may consider filing a civil suit. However, you only have two years after a person’s date of death to file a wrongful death action in Pennsylvania.
Eligible Damages
Damages are designed to compensate family members for their emotional and financial losses following their loved one’s death. Damages in a wrongful death claim may include economic and non-economic losses (collectively known as compensatory damages). Economic damages are measurable financial losses, which may encompass:
- Funeral and burial expenses;
- Medical expenses from the time of injury to the victim’s death;
- Loss of household services, including cooking, cleaning, and childcare (accounting for the cost of hiring someone to perform these services);
- Loss of expected future earnings; and
- Loss of financial contributions, including retirement benefits and health insurance.
Non-economic damages, on the other hand, are intangible losses that impact a person’s quality of life. These do not come with a price tag but can affect a family’s emotional and mental health. In a wrongful death lawsuit, these may encompass:
- Loss of consortium (for a spouse);
- Loss of companionship and society (for a spouse);
- Loss of parental guidance (for children);
- Infliction of emotional distress (for surviving family members); and
- Loss of life’s pleasures (for surviving family members).
Other Legal Remedies
If you want to recoup for your loved one’s pain and suffering prior to their death, you may consider filing a survival action. A survival action is designed to recover damages that the injured party would be eligible for, if he or she survived. In Pennsylvania, a wrongful death and survival action can be filed together.
If the wrongful party’s conduct was egregious, reckless, or intentional, then you may be able to recover punitive damages. Punitive damages do not reflect compensable losses, but rather to punish the offender and deter society from similar behavior. In Pennsylvania, punitive damages are capped at 200% of compensatory damages (economic and non-economic damages combined). If you believe that the wrongful party acted maliciously or with a reckless disregard for your family member’s safety, you should speak with our wrongful death attorneys.
Speak with Our Franklin County Wrongful Death Lawyers
When a negligent party caused your family member’s death, justice should be sought. At DiLoreto, Cosentino & Bolinger P.C., our team of legal professionals is committed to assisting family members in recouping damages following the death of a loved one. To arrange your free consultation to learn your legal options, our office can be reached online or by calling (717) 496-0070 today.