When someone loses their life due to another person’s negligent or reckless actions, their surviving loved ones may wish to seek justice. However, only certain people can file a wrongful death claim in Pennsylvania. Learn which parties have this ability and what the legal process entails below.
What State Laws Say About Filing a Wrongful Death Lawsuit
According to Pennsylvania law, only a legal representative of the decedent has the right to file a wrongful death claim. This individual doesn’t always have to be a surviving spouse, child of the deceased, or other family member. It could be whoever the decedent names as the executor of their will, or someone the family or court appoints to handle the estate upon death.
For example, if someone has a relative outside of their immediate family that they appoint as the executor of their will, this individual could also become the family’s legal representative in a wrongful death case. If they die without a will, the family or the court could appoint a representative to act on behalf of all eligible family members.
Navigating the Statute of Limitations
Residents looking to file a wrongful death suit in Pennsylvania must do so before the statute of limitations runs out. There is a two-year deadline to file a claim. If you don’t open the case within two years of someone’s death, the court will dismiss it.
Legal representatives have the right to file a suit within the first six months of someone’s death. If they don’t do so, a surviving relative could become the plaintiff representing all eligible family members.
Who Receives Compensation in Wrongful Death Settlements?
Not all wrongful death cases end with a financial award. However, those that do only see eligible family members receive compensation, such as:
- A surviving spouse
- Children of the deceased
- Financially dependent next of kin
Imagine a case settles for $500,000, and the decedent’s only next of kin is their spouse. In this scenario, the spouse would receive the full reward, minus any necessary legal fees. What if that same amount is awarded in a case with eligible family members being a spouse, two children, and a financially dependent sibling? In that case, each of these parties would split the compensation.
It’s up to the legal representative to distribute the funds accordingly.
Exploring Potential Compensation in Wrongful Death Cases
Before you file a wrongful death claim in Pennsylvania, your attorney will review evidence and assess the total damages. They consider both economic and non-economic damages, including:
- Funeral expenses: A family could recover a loved one’s funeral costs if their wrongful death case ends with a settlement or trial victory.
- Prior medical treatment: Did the decedent undergo any related medical treatment before their death? These costs could comprise a portion of the available compensation.
- Loss of income: The death of a household’s primary breadwinner can trigger financial hardship. Lawyers often advocate for compensation to account for this sudden loss of income.
- Loss of companionship: The pain and suffering of losing a loved one is another key component in determining damages.
Negligent individuals or entities may have to compensate the deceased’s family if they agree to a pre-trial settlement or lose the civil court case.
Contact Our Firm About Your Legal Options
If you wish to file a wrongful death lawsuit in Pennsylvania, you’ll need an experienced lawyer on your side. Consult an attorney from Ostroff Godshall Injury and Accident Lawyers for advice. We understand the complexities of Pennsylvania’s laws and have offices throughout the state, including Harrisburg, Allentown, York, and Reading.
Take the first step toward seeking justice. Call (484) 351-0350 to schedule a consultation today.
