Knowing that a loved one passed away due to a preventable accident can be traumatic and devastating. However, understanding your legal rights under Pennsylvania’s wrongful death laws could provide some peace of mind.
Learn what is considered wrongful death in Pennsylvania and your options for potentially pursuing compensation.
Definition of Wrongful Death in Pennsylvania
Pennsylvania statute § 8301(a) defines wrongful death as the death of an individual caused by another person or party’s wrongful act, unlawful violence, neglect, or negligence. A wrongful death action may be brought against this person if the injured party claimed no other recovery for the same damages during their lifetime.
Generally, a negligence claim may arise if:
- The defendant owed the plaintiff a duty of care.
- The defendant breached that duty of care.
- An accident occurred due to the breach.
- The plaintiff suffered damages in the accident.
These criteria apply to both personal injury and wrongful death.
Wrongful Death vs. Survival Action in Pennsylvania
In Pennsylvania, two distinct legal cases might arise from an incident resulting in a person’s death:
- A wrongful death action would seek to compensate the decedent’s surviving family members for their losses resulting from the death
- A survival action would seek to compensate the decedent’s estate for losses experienced between the injury and death
For example, a person might seek a survival action to recover compensation for a loved one’s hospital bills after an accident involving negligence. They might also seek a wrongful death action for funeral costs, loss of income, and emotional suffering.
Common Examples of Wrongful Death Incidents
Often, the same incidents that lead to personal injury lawsuits can also give rise to wrongful death claims if the injured person passes away as a result of the accident.
These are a few common incidents that may lead to wrongful death:
- Car accidents
- Pedestrian accidents
- Medical malpractice incidents
- Product liability incidents
- Nursing home negligence
- Slip-and-fall accidents
- Bicycle accidents
Certain incidents not related to personal injury could also lead to wrongful death in Pennsylvania, such as criminal acts or workplace incidents.
Navigating a Wrongful Death Claim in Pennsylvania
If your loved one passed away due to another person’s negligent acts, you have the right to pursue a wrongful death claim. However, in Pennsylvania, the decedent’s personal representative or executor must initiate a wrongful death lawsuit on behalf of the decedent’s family members.
If the personal representative does not file a lawsuit within six months of the person’s death, the decedent’s spouse, parents, or children may be able to file the suit on behalf of the eligible beneficiaries. A wrongful death lawsuit may allow the decedent’s beneficiaries to claim compensatory damages, if liability is established, to help compensate for the losses the defendant caused.
Wrongful death lawsuits often result in the recovery of both economic and non-economic damages. Economic damages encompass the direct financial costs of the accident, including funeral expenses and lost income. Non-economic damages aim to compensate beneficiaries for the costs that lack a direct monetary value, such as emotional distress and bereavement.
In rare cases involving reckless misconduct, punitive damages may be awarded. These would seek to punish the at-fault party for their wrongdoing.
Seek Legal Support for Your Wrongful Death Case
If your loved one passed away as a result of an accident, it may be worth exploring a wrongful death claim. Our attorneys at Ostroff Godshall Injury and Accident Lawyers have extensive experience walking clients through the wrongful death claims process in Pennsylvania, approaching each case with empathy and compassion.
Contact our firm today at 855-296-3413 to request a free case review.
Frequently Asked Questions (FAQ):
Q: What is considered wrongful death in Pennsylvania?
A: In Pennsylvania, wrongful death is defined as a death caused by another person or party’s wrongful act, unlawful violence, neglect, or negligence, as per statute § 8301(a).
Q: What is the difference between a wrongful death action and a survival action in PA?
A: A wrongful death action seeks to compensate surviving family members for losses due to the death, while a survival action aims to compensate the decedent’s estate for losses experienced between the injury and death.
Q: Who can file a wrongful death lawsuit in Pennsylvania?
A: The decedent’s personal representative or executor typically initiates a wrongful death lawsuit. If they don’t within six months, the decedent’s spouse, parents, or children may file on behalf of beneficiaries.
