What is a Wrongful Death Claim? 
A wrongful death claim is a civil lawsuit filed by the surviving family members of someone who has died due to the negligence or misconduct of another person or entity. In the case of a fatal car crash, the claim is typically filed when the accident was caused by another driver’s negligence, reckless driving, or other wrongful acts such as driving under the influence of alcohol or drugs. Wrongful death claims seek compensation for the losses the family has experienced due to the death of their loved one, such as funeral expenses, medical bills, lost wages, and emotional suffering.
In Pennsylvania, wrongful death claims are governed by specific laws that outline who can file the claim, the types of damages that can be recovered, and the time limits for filing the case. Understanding these laws is critical to ensuring that you take the appropriate legal steps to protect your family’s rights.
Who Can File a Wrongful Death Claim in Pennsylvania?
In Pennsylvania, only certain individuals have the right to file a wrongful death claim. The law designates the following individuals as eligible to file:- Spouse: A surviving spouse of the deceased person can file a wrongful death claim.
- Children: If the deceased person was unmarried or the spouse does not file, children of the deceased can file the claim.
- Parents: In the absence of a spouse and children, parents of the deceased may file a wrongful death claim.
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The Process of Filing a Wrongful Death Claim After a Fatal Car Crash
Filing a wrongful death claim after a fatal car crash in Pennsylvania can be a complicated and emotional process. However, with the guidance of an experienced attorney, the steps involved can be managed more effectively. Below is an overview of the key steps involved in filing such a claim.Consult with an Experienced Wrongful Death Attorney
The first and most important step in filing a wrongful death claim is to consult with an experienced attorney who specializes in wrongful death and personal injury law. A lawyer can help you understand your rights, evaluate the strength of your case, and guide you through the entire process. At McDonald At Law, our attorneys are committed to helping families who have lost a loved one in a car crash seek justice and compensation for their loss. An attorney will also help you understand Pennsylvania’s statute of limitations, which gives you a limited period of time to file a claim. In Pennsylvania, the statute of limitations for a wrongful death claim is generally two years from the date of the person’s death. If you miss this deadline, you may lose your right to pursue legal action, so it is crucial to take prompt action.Related Videos
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Investigating the Accident
After consulting with an attorney, the next step is to conduct a thorough investigation into the circumstances of the car crash. This may involve obtaining the police report, collecting witness statements, reviewing traffic camera footage (if available), and working with experts to reconstruct the accident scene. Your attorney may also investigate the background of the at-fault driver, such as whether they were under the influence of alcohol or drugs, distracted while driving, or violating traffic laws at the time of the crash. The goal of the investigation is to establish liability, proving that the other party’s actions were the direct cause of the fatal accident. This step is crucial because it helps demonstrate that the defendant’s negligence or misconduct directly led to your loved one’s death. Having solid evidence will strengthen your case and increase your chances of securing compensation.Filing the Claim
Once the investigation is complete and your attorney has gathered all necessary evidence, the next step is to file the wrongful death claim with the appropriate court. Your attorney will prepare a complaint that outlines the details of the accident, the evidence supporting your claim, and the damages you are seeking. This legal document will be filed with the court, and the defendant will be served with a copy of the complaint.Verdicts & Settlements
Negotiating a Settlement
After the claim is filed, the defendant’s insurance company may make an offer to settle the case. Insurance companies often prefer to settle out of court to avoid the costs and risks associated with a trial. However, it is important to note that settlement offers are often lower than the full amount of compensation you may be entitled to. Your attorney will carefully review any settlement offer and provide advice on whether it is fair and reasonable based on the facts of your case. If the offer is inadequate, your attorney may recommend rejecting it and moving forward with a trial.Going to Trial (If Necessary)
If a fair settlement cannot be reached, your case may proceed to trial. During the trial, both sides will present their evidence, and a judge or jury will determine the outcome. The jury will decide whether the defendant is liable for the wrongful death and, if so, the amount of compensation that should be awarded to the surviving family members. Going to trial can be a lengthy process, but in some cases, it may be necessary to secure the compensation your family deserves. Having an experienced attorney by your side will help ensure that your case is presented effectively and that your interests are represented throughout the trial.What Damages Can Be Recovered in a Wrongful Death Claim?
When filing a wrongful death claim in Pennsylvania, the surviving family members may be entitled to recover various types of damages. These damages are meant to compensate for the financial, emotional, and physical suffering caused by the loss of a loved one. Some of the damages that may be recovered in a wrongful death claim include:- Economic Damages: This includes funeral and burial expenses, medical bills related to the deceased’s final injury, and compensation for the loss of the deceased’s income or wages.
- Non-Economic Damages: This includes compensation for pain and suffering, emotional distress, loss of companionship, and the mental anguish experienced by the family members due to their loss.
- Punitive Damages: In cases where the defendant’s actions were especially egregious, such as drunk driving or reckless driving, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.