On Behalf of | Jan 29, 2025 | Wrongful Death |

Loss within a family is inevitable, but some deaths are harder to recover from than others. Specifically, those affected by a sudden death caused by an outside party may have a very difficult time adjusting. 

They may experience significant emotional turmoil as well as major financial setbacks due to their unexpected loss. Some families have the option of seeking justice and closure by filing wrongful death lawsuits. 

Five important rules apply to wrongful death lawsuits in Pennsylvania that families need to know. These include:

1. There must be a specific reason to file

Typically, families have the option of pursuing a wrongful death lawsuit in one of two situations. The first is when a death occurs due to negligence or recklessness. Unprofessional mistakes in medical care, negligence leading to serious vehicle collisions or the failure to properly address dangerous conditions on a property might be forms of actionable negligence. Racing or texting while driving could also constitute recklessness. 

The second is wrongful acts, which typically involve breaking the law. Drunk driving and assaults that result in fatal brain injuries are examples of wrongful acts that can lead to wrongful death lawsuits. 

2. A specific party has to file

Not just anyone can initiate a wrongful death lawsuit. Only the personal representative of the deceased individual’s estate has that authority. They must take legal action on behalf of those affected by the death to hold the business or individual who caused the passing accountable. 

3. Plaintiffs can request specific types of compensation

The compensation sought in a wrongful death lawsuit usually falls into one of three categories: economic losses, non-economic losses and punitive damages. 

Economic losses include lost wages, funeral costs, probate expenses and medical care costs. Non-economic damages include mental anguish, loss of companionship and the loss of services provided by the deceased to their family. In cases involving maliciousness or obvious indifference to the safety of others, it is sometimes also possible to request punitive damages as a form of punishment for the other party. 

4. Only certain people can benefit from the lawsuit

In some cases, the personal representative of the decedent’s estate may need to use some of the proceeds from a successful lawsuit to cover probate costs. 

After addressing those financial obligations, the personal representative of the estate then distributes what remains among the surviving immediate family members of the decedent. Spouses, children and parents are among those who may receive proceeds from a wrongful death lawsuit. 

5. There is a strict timeline for filing the lawsuit

The state imposes a statute of limitations that applies to any wrongful death lawsuit. Typically, the personal representative of the estate has to initiate legal proceedings within two years of the date of the wrongful death occurring. 

Those wondering if their circumstances may warrant a wrongful death lawsuit might benefit from reviewing the matter in depth. Pursuing justice in the civil courts can give families a sense of closure and can also limit the economic harm caused by the unexpected death of a loved one.

 

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