No words can comfort you when facing the loss of a loved one, especially when the death was preventable. The Commonwealth allows surviving family members to recoup damages within two years of the date of death. Although a wrongful death claim is for the benefit of the decedent’s beneficiaries, under Pennsylvania law, the personal representative must bring the action to court. In some cases, the court may permit a family to pursue a survival action claim simultaneously.
To learn more about your legal rights following a loved one’s death, do not hesitate to contact our Harrisburg wrongful death lawyers.
Who Can File a Wrongful Death Action in Harrisburg?
According to Pennsylvania’s Wrongful Death Act, legal action for an individual’s death is permitted if the death was caused by another’s wrongful act, neglect, unlawful violence, or negligence. In Pennsylvania, the personal representative, not the family members, can file a wrongful death suit. The personal representative is defined as either someone appointed in the decedent’s will or appointed by the court (if there is no will).
Beneficiaries in a Wrongful Death Suit
Damages in a wrongful death suit are intended for the benefit of the surviving spouse, children, or the parents of the deceased. Unfortunately, extended relatives typically do not qualify as wrongful death beneficiaries. However, extended relatives may be eligible for recovery if no immediate family members exist and the relative was financially dependent on the deceased. This requires financial statements and other documentation to prove your financial reliance on the deceased.
Proving the Commercial Trucking Company is Liable
A fatal truck accident can be caused by one or several parties. Common causes include the trucking company’s failure to properly train drivers, a driver violating the hours of service (HOS) regulations, or the trucking company failing to perform routine maintenance. In short, you must demonstrate a party’s negligence and link that carelessness to your loved one’s death.
What Damages Can Families Recover in a Wrongful Death Action?
Family members in a wrongful death suit may be entitled to any of the following:
- Funeral and burial costs
- Loss of the deceased’s financial contributions to the family
- Medical expenses post-injury to the deceased’s death
- Loss of companionship
- Loss of emotional support
- Cost for household services that the deceased typically provided
Linking Your Loved One’s Injuries to Their Death
Evidence of liability and proof that your loved one suffered fatal injuries are the cornerstone of wrongful death cases. This will entail gathering the police report of the truck accident, photographs of the accident scene, eyewitness testimony, the truck’s “black box” data, and the truck driver’s cell phone records. If the trucking company was negligent in maintaining the truck, then the truck’s maintenance records, vehicle inspection reports, and other evidence will need to be provided.
Additionally, you will need to demonstrate your family member’s physical deterioration following their injuries. This will involve requesting medical imaging, surgeries and/or treatments, rehabilitative therapies, and other medical records. This can be a cumbersome process when a significant time has passed between your loved one’s injury and their death. Of course, our team of professionals will handle this process and all communications with insurance.
Speak with Our Harrisburg Wrongful Death Attorneys
If your family member succumbed to their injuries following a commercial vehicle accident, the legal team at Shollenberger Januzzi & Wolfe, LLP, knows how difficult this time must be. As experienced trial lawyers with a dedication to serving our clients, we will not charge you a dime unless you win. Our mission is to secure the needed compensation for you and your family. To schedule your complimentary consultation, contact our Harrisburg wrongful death lawyers online or by calling (717) 229-6580 today.