Losing a loved one due to another’s carelessness can be heartbreaking. While a typical personal injury claim focuses on recovering damages for the injured party, a wrongful death claim focuses on compensation for the deceased’s family. At Shollenberger Januzzi & Wolfe, LLP, we believe that you should be compensated for the full extent of your losses. Whether you have been injured or have lost a loved one in a fatal accident, our Franklin County wrongful death attorneys are here to advocate in your stead.
The Purpose
While a standard injury claim recovers damages for the injured person, a wrongful death claim recovers damages for the deceased’s family members. Beneficiaries in a wrongful death case include anyone who relied on the deceased for financial support. Both types of claims require different evidence to establish that the defendant’s conduct caused harm to the injured party.
Who is Seeking Damages
In a standard injury claim, the injured party is seeking damages or compensation for their losses. In a wrongful death claim, surviving family members are seeking damages for their family member’s death. However, the beneficiaries must have been financially dependent upon the deceased to recover. Under Pennsylvania’s Wrongful Death Act, if no beneficiaries are eligible for recovery, then the personal representative may seek compensation for hospital bills, nursing care, and funeral and burial expenses.
Types of Damages Sought
The types of damages sought in a personal injury claim versus a wrongful death claim differ substantially. Damages in a standard personal injury claim often include:
- Medical bills, including hospitalizations, surgeries, and physical therapy
- Lost wages or loss of future earnings
- Pain and suffering, including infliction of emotional distress, post-traumatic stress disorder (PTSD), and permanent disability
A wrongful death claim often includes the following damages:
- Funeral or burial costs
- Compensation for future financial support, had the victim survived
- Medical bills, including hospital bills and other emergency treatment costs
- Lost benefits, such as health insurance coverage and retirement contributions
- Loss of household services, such as routine maintenance, home repairs, transportation, cooking, and cleaning.
- Emotional damages, such as loss of companionship, loss of consortium, and loss of parental guidance.
Who Can Bring the Claim
While a standard injury claim is brought by the injured party, a wrongful death claim is brought by surviving family members. According to 231 Pa. Code Rule 2202, the personal representative of the decedent’s estate is entitled to bring a wrongful death suit. If the personal representative does not bring action after six months, then beneficiaries under the law may be eligible to file suit. The beneficiaries in a wrongful death claim in Pennsylvania are the surviving spouse, surviving children, and surviving parents.
Timeframe to Take Legal Action
The personal representative of the deceased’s estate in a wrongful death claim must take legal action within two years of the date of death, not the date of injury. In contrast, the Pennsylvania Code allows an injured party two years to file suit in a standard personal injury claim. Certain exceptions may “toll” the statute of limitations, permitting more time to take legal recourse. While more time may be allotted, the Commonwealth imposes a seven-year statute of repose in medical malpractice cases. This means that no matter when your injury was discovered, you only have seven years following the date of the incident to file suit.
Contact Our Franklin County Wrongful Death Lawyers Today
Being the victim of a personal injury or watching a loved one suffer due to an unfortunate accident can be emotionally draining. A person who is responsible for inflicting harm on another should be held legally and financially responsible. At Shollenberger Januzzi & Wolfe, LLP, we will gather the necessary information to ensure that justice is done. To schedule a free consultation with one of our Franklin County wrongful death attorneys, contact us online or by calling (717) 229-6580.