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Losing a loved one due to someone else's negligence or intentional act is a devastating experience. In Pennsylvania, families have legal options to seek justice and compensation for such tragic losses through wrongful death lawsuits. This comprehensive guide aims to provide a clear understanding of wrongful death lawsuits in Pennsylvania, including the legal rights of the family, the difference between wrongful death claims and survival actions, the eligibility to file a claim, the statute of limitations, and the burden of proof required.
What is a Wrongful Death Lawsuit?
The estate of a deceased person or their surviving family members may file a wrongful death lawsuit against the person or entity that caused their death. The purpose of this lawsuit is to seek compensation for the losses and damages suffered by the family as a result of the wrongful death. Wrongful death claims can arise from various incidents, including car accidents, workplace accidents, premises liability, medical malpractice, defective products, or criminal acts.
What Rights Does the Family Have After a Wrongful Death?
Under Pennsylvania law, the family of the deceased has certain rights following a wrongful death. These rights include:
- Right to compensation: The family can seek financial compensation for economic losses such as medical expenses, funeral costs, lost wages, and loss of future earnings.
- Right to non-economic damages: Non-economic damages may include compensation for pain and suffering, loss of companionship, emotional distress, and the impact of the loss on the family members' quality of life.
- Right to hold the responsible party accountable: A wrongful death lawsuit allows the family to hold the negligent party accountable for their actions and prevent similar incidents from happening in the future.
What is a Survival Action?
While wrongful death lawsuits focus on the losses suffered by the surviving family members, survival actions address the damages the deceased person would have been entitled to recover had they survived the incident. Survival actions are typically brought by the estate of the deceased and can include compensation for pain and suffering, medical expenses, and lost wages incurred by the deceased between the time of injury and death.
Who Can File a Wrongful Death Claim or Survival Action in Pennsylvania?
- Spouse: The surviving spouse of the deceased has the first right to file a wrongful death claim or survival action.
- Children: If the deceased has no surviving spouse, their children can file a claim.
- Parents: If the deceased has no surviving spouse or children, the parents may file a claim.
- Personal representative: If there are no surviving spouse, children, or parents, the personal representative of the deceased's estate may file a claim on behalf of the estate.
Survival Action vs. Wrongful Death Claims:
While both survival actions and wrongful death claims seek compensation for the loss of a loved one, they differ in their focus and the damages they address. Wrongful death claims primarily focus on the losses suffered by the surviving family members, including financial and emotional damages. Survival actions, on the other hand, focus on the damages the deceased would have been entitled to recover, such as pain and suffering, medical expenses, and lost wages.
Statute of Limitations in Pennsylvania:
Pennsylvania has a statute of limitations that imposes a time limit on filing wrongful death lawsuits and survival actions. Generally, in Pennsylvania, the statute of limitations for wrongful death claims and survival actions is two years from the date of death. It's important to consult with an experienced attorney to understand the specific deadlines that apply to your case.
What Proof is Needed When Filing a Lawsuit?
To file a successful wrongful death lawsuit or survival action in Pennsylvania, the following elements generally need to be proven:
- Duty of care: Establish that the defendant owed a duty of care to the deceased.
- Breach of duty: Demonstrate that the defendant breached their duty of care through negligence or intentional actions.
- Causation: Establish a causal connection between the defendant's breach of duty and the death of the individual.
- Damages: Demonstrate the losses and damages suffered by the family as a result of the wrongful death.
Key Takeaway:
Wrongful death lawsuits in Pennsylvania provide families with the legal means to seek compensation and justice for the loss of a loved one due to someone else's negligence or intentional actions. Understanding the intricacies of wrongful death claims, survival actions, eligibility criteria, the statute of limitations, and the burden of proof is crucial for navigating the legal process effectively. If you find yourself facing such a tragic situation, it is advisable to consult an experienced attorney who can guide you through the complexities of the legal system and protect your rights during this challenging time.
When faced with the devastating loss of a loved one due to a wrongful death, you need a legal team that understands the emotional turmoil you're going through and has the expertise to handle complex legal matters with compassion and professionalism. With years of experience and a track record of success, van der Veen, Hartshorn & Levin is the law firm you can rely on.
Our dedicated attorneys are committed to fighting for your rights and ensuring that justice is served. We understand the pain and financial burden that can accompany a wrongful death, and we will work tirelessly to secure the compensation you deserve. From medical expenses and funeral costs to lost wages and non-economic damages, we will pursue every avenue to maximize your recovery.
At van der Veen, Hartshorn & Levin, we believe that every client deserves personalized attention and tailored legal strategies. We will listen to your story, provide you with a comprehensive understanding of your legal options, and guide you through the entire process. Our team is well-versed in Pennsylvania's wrongful death laws and will skillfully navigate the complexities of your case, leaving no stone unturned in the pursuit of justice.
What sets us apart is our unwavering dedication to our clients. We recognize that no amount of money can truly compensate for the loss of a loved one, but we strive to provide you with the support and resources you need during this difficult time. With van der Veen, Hartshorn & Levin, you can trust that your case is in capable hands.
If you're ready to seek justice for your loved one and hold the responsible party accountable, don't hesitate to reach out to van der Veen, Hartshorn & Levin. Contact us today to schedule a confidential consultation. Let us be your voice in the pursuit of justice.
