Wrongful Death

How to Prove Negligence in a Pennsylvania Wrongful Death Case

Losing someone you love is always hard. But when that loss comes from someone else’s mistake, the pain cuts even deeper. If you’re facing a wrongful death situation in Pennsylvania, and you’re wondering how to show it was caused by negligence, you’re not alone. Families in your position want answers. You deserve justice. And the law gives you a way to fight for it.

Michael P. McDonald

Attorney

Matthew I. McDonald

Attorney

Stacy J. Knickerbocker

Attorney

 This isn’t just about a lawsuit. It’s about telling the truth and getting the help your family needs after everything has changed. You don’t have to be a lawyer to understand what’s next. This guide will walk you through how negligence works in wrongful death cases here in Pennsylvania.

What is negligence, and why does it matter?

Negligence means someone didn’t act with the care they should have. It’s not just about someone doing something wrong — it could also mean they didn’t do what they should’ve. In a wrongful death case, you’re trying to show that this lack of care led to a death that could have been prevented. In Pennsylvania, proving negligence is what makes the difference between a case that moves forward and one that doesn’t. If the court agrees that negligence caused the death, it opens the door for your family to be compensated for the loss.

The four things you have to prove

To win a wrongful death case based on negligence, your lawyer has to show four main things. Each one builds on the next. Miss one, and the whole case might fall apart.

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 First, you must prove that the person who caused the death had a duty to act with care. This is called “duty of care.” For example, drivers have a duty to follow the rules of the road. Doctors have a duty to care for their patients. Property owners have a duty to keep their place safe. Next, you need to show that the person failed in that duty. This is called “breach of duty.” Maybe a driver was texting while driving. Or a nursing home didn’t give medicine properly. That failure — that breach — is what you point to. Then, you have to connect that failure to the death itself. This is “causation.” You’re saying the death wouldn’t have happened if the person had done what they were supposed to. It can’t be a guess. You have to show the link clearly. Last, you must show “damages.” This means proving that the death caused real harm — emotional, financial, and personal. Things like medical bills, lost income, and the loss of companionship all count.

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Why each piece matters so much

Every one of those four steps needs real proof. In court, you can’t just say what you believe. You have to show it. To prove duty, your lawyer might bring in rules, laws, or job expectations. To show breach, they could use photos, expert witnesses, or even phone records. Causation might come from medical records or autopsy results. And damages often include pay stubs, funeral bills, and testimony about how life has changed since the loss. This is why wrongful death cases take time. The truth has to be put together, one piece at a time.

Who can file a wrongful death lawsuit in Pennsylvania?

In Pennsylvania, the personal representative of the person who died files the case. This person is named in the will or by the court. While the lawsuit is in their name, it’s filed on behalf of the family — usually the spouse, children, or parents of the deceased. If the personal representative doesn’t file a lawsuit within six months, any of the family members can step in and file on behalf of everyone.

What is the time limit for filing a case?

Pennsylvania law gives you two years from the date of death to file a wrongful death lawsuit. That might sound like a long time, but these cases often need months of work before they’re ready. It’s smart to start as early as possible so evidence doesn’t disappear and memories don’t fade.

Verdicts & Settlements

$5,100,000

Negligence Settlement

$2,6000,000

Motor Vehicle Accident Verdict

$2,500,000

Auto Accident Verdict

$1,600,000

Truck Accident Settlement

$1,500,000

Police Excessive Force Case Verdict

$1,400,000

Truck Accident Settlement

$1,300,000

Auto Accident Arbitration Award

$1,000,000

Auto Accident Arbitration Award

What if the person who died was partly at fault?

Pennsylvania follows something called “modified comparative negligence.” If your loved one was partly responsible, you can still win the case — as long as their share of the fault was 50 percent or less. But the final amount your family receives will be reduced based on that percentage. Let’s say the court finds your loved one was 20 percent at fault. If the total damages were $1 million, your family would receive $800,000.

Why wrongful death cases feel different

This kind of case isn’t about getting rich. It’s about holding someone accountable and getting the support your family needs. You might be worried about what people will say or how hard it will be to relive what happened. That’s normal. The truth is, standing up in a wrongful death case takes courage. But it also gives your family a voice. It says this person mattered. Their life had value. And their death cannot be ignored.

What can be recovered in a wrongful death lawsuit

Once negligence is proven, the court may award damages to help the surviving family. These aren’t just numbers on a page. They represent real things that were lost — and they help your family move forward. You may be able to recover the cost of the funeral, medical bills from before your loved one passed, and the money they would have earned if they had lived. That includes wages, benefits, and retirement income. You can also ask for compensation for losing their love, guidance, and presence in your life. Some cases may also involve something called punitive damages. These are meant to punish the person who caused the death if what they did was more than careless — if it was reckless or cruel.

Where you go from here

If you’re reading this, chances are something terrible has happened. And now you’re carrying the weight of what to do next. You don’t need to go through this alone. At McDonald At Law, we help families like yours make sense of the legal steps ahead. We take time to listen, and we move forward together, one step at a time. You can talk with us for free. Just call or send a message today. Let’s talk about what happened and see how we can help you prove what you already know — that someone’s carelessness took a life too soon.

To learn more about this subject click here: Understanding Wrongful Death and Survival Actions in Pennsylvania

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