Wrongful Death

The Legal Process of Filing a Wrongful Death Claim in Pennsylvania

Losing a loved one is an incredibly difficult experience, and when that loss is caused by someone else’s wrongful actions, it can feel even harder to handle. A wrongful death occurs when someone’s carelessness, neglect, or intentional wrongdoing leads to another person’s death. Pennsylvania law allows families who have lost someone in this way to seek justice and financial help by filing a wrongful death claim. This process can help cover costs like medical bills, funeral expenses, and the loss of income the deceased would have provided to their family. Understanding the steps involved in filing a wrongful death claim can make the journey easier for families, even though it cannot change the loss they have experienced. At, McDonald At Law, we are here to guide you through the legal process and help you navigate the complexities of your case

Michael P. McDonald

Attorney

Matthew I. McDonald

Attorney

Stacy J. Knickerbocker

Attorney

What is a Wrongful Death Claim in Pennsylvania?

A wrongful death claim in Pennsylvania is a legal action taken by the family of a person who has died because of someone else’s actions. This claim allows the family to seek financial compensation for the harm caused by the loss. It is different from criminal charges. For instance, if someone caused another person’s death by drunk driving, the state might press criminal charges, but the family can also file a wrongful death claim. This claim focuses on compensating the family for their losses rather than punishing the person responsible. The two actions can happen at the same time but are handled by separate courts. Only certain family members, such as the spouse, children, or parents of the deceased, are allowed to file a wrongful death claim in Pennsylvania. If none of these family members are available, then the claim can be filed by the representative of the deceased’s estate.

Who Can File a Wrongful Death Claim in Pennsylvania?

Not just anyone can file a wrongful death claim in Pennsylvania. The claim must be filed by the personal representative of the deceased’s estate, usually a close family member like a spouse, child, or parent. If the deceased person named someone in their will to handle such matters, that person can also file the claim. If there is no personal representative, the court may appoint one, but it will still typically be a close family member. Pennsylvania law specifies that the person filing the wrongful death claim does so for the benefit of all eligible family members. The family members must rely on the deceased person for things like support, companionship, or guidance. So, even though only one person may officially file the claim, the financial outcome is shared among all eligible family members.

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“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!

- Miguel Lopez

Understanding the Grounds for a Wrongful Death Claim

For a wrongful death claim to be successful, there must be proof that the death was caused by the negligence or intentional actions of another person or company. Negligence occurs when someone fails to take reasonable care, leading to harm. For example, a wrongful death claim might arise from a car accident where the other driver was texting while driving, or from a workplace accident where safety rules were ignored. Another common cause is medical malpractice, where a doctor or healthcare provider made a mistake that caused a patient’s death. To succeed in a wrongful death case, the family must show that the responsible party had a duty to act safely and responsibly, failed to meet this duty, and that this failure directly caused the death.

Gathering Evidence for a Wrongful Death Claim

Collecting evidence is a critical part of filing a wrongful death claim in Pennsylvania. The evidence must clearly show how the other party’s actions or negligence led to the death of the family member. This could include documents, such as police reports, medical records, and eyewitness testimonies. In cases involving car accidents, photos from the accident scene and records of any surveillance footage might be needed. If the wrongful death was caused by medical malpractice, medical specialists’ opinions and records of treatment are often necessary. Gathering this evidence can be challenging, especially for grieving family members, but a wrongful death attorney can assist in managing this part of the process. The goal of collecting evidence is to build a strong case that explains why the family deserves compensation and how much they should receive.

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Calculating Damages in a Wrongful Death Claim

In Pennsylvania, the damages in a wrongful death claim aim to cover the financial and emotional losses suffered by the family. These losses can be divided into two main categories: economic and non-economic damages. Economic damages refer to the measurable financial costs resulting from the wrongful death. These might include the deceased person’s lost income, medical bills, and funeral expenses. Non-economic damages are harder to measure because they involve things like the loss of companionship, guidance, and emotional support. The exact amount of damages can depend on factors like the deceased person’s age, health, and earning potential. Calculating damages accurately is important because it helps the family receive fair compensation for their loss. A lawyer can help in this calculation to ensure the family does not accept less than they deserve.

Filing the Wrongful Death Claim in Pennsylvania Court

Once the family has gathered the necessary evidence and calculated damages, the wrongful death claim can be officially filed in a Pennsylvania court. The claim must be filed within two years from the date of the person’s death, which is the statute of limitations for wrongful death cases in Pennsylvania. Failing to file within this time frame usually means the family cannot bring the claim to court. Filing involves preparing a complaint, which is a document explaining the family’s losses and why they are seeking compensation. This document is then submitted to the court, where the case will either proceed to negotiation or go to trial. In some cases, the other party might offer a settlement to avoid going to court. If the family agrees to this settlement, the case will not go to trial. However, if no agreement is reached, the case will proceed through the legal process.

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

Negotiating a Settlement or Going to Trial

After the claim is filed, the other party may choose to negotiate a settlement rather than face a trial. In a settlement, the responsible party offers a specific amount of money to the family as compensation. The family has the option to accept, reject, or negotiate the offer. A wrongful death attorney can help in these negotiations by making sure that any offer is fair and reasonable for the family’s needs. If a fair settlement cannot be reached, the case will go to trial, where a judge or jury will decide the outcome. Going to trial can be a longer process, but it might be the best choice if the family and their attorney believe that the court will award a larger amount than the settlement offer.

How a Wrongful Death Attorney Can Help in Pennsylvania

Filing a wrongful death claim in Pennsylvania is a complex and emotional journey. A wrongful death attorney can guide the family through every step, from gathering evidence to negotiating settlements or going to trial. The attorney’s role includes managing paperwork, interviewing witnesses, and working with specialists who can testify about the cause of death and the family’s losses. An attorney understands Pennsylvania’s legal requirements for wrongful death claims, such as deadlines and filing procedures, and makes sure that these rules are followed. The support of a legal professional can relieve some of the family’s stress, allowing them to focus on healing while knowing their claim is being handled.

What to Expect in the Court Process for a Wrongful Death Claim

If a wrongful death claim goes to court in Pennsylvania, the process involves several stages. First, both sides present evidence and witness testimonies to support their cases. The family’s attorney will explain how the other party’s actions caused the death and why the family deserves compensation. The other party may try to show that they are not responsible or that the amount being sought is too high. Once all evidence and arguments have been presented, the judge or jury will make a decision. If they rule in favor of the family, they will also decide on the amount of compensation. This outcome can provide the family with financial support and a sense of justice, though no amount of money can replace their loved one.

After the Court Decision

Once a wrongful death case is decided in court, the family will either receive compensation or, if the decision is not in their favor, have the option to appeal. If the family wins, they should receive the awarded amount either in one payment or over time, depending on the agreement. This compensation can provide for the family’s future needs, covering both immediate expenses like medical and funeral costs and long-term needs like lost income. If the family does not agree with the court’s decision, they might choose to appeal, which means asking a higher court to review the case. Appeals can extend the legal process, but they offer another chance for a fair outcome. Navigating a wrongful death claim can be challenging and emotional, but families in Pennsylvania do not have to face it alone. With professional support, the legal process can become more manageable, helping families seek justice for their loved ones and secure financial assistance for their future. If you have lost a loved one and believe someone else is responsible, McDonald At Law can guide you through each step of the wrongful death claim process. Our firm is here to support you in honoring your loved one’s memory while securing the compensation you deserve. Reach out to McDonald At Law today to learn how we can assist you in moving forward with your claim.

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