The loss of a loved one is one of the most painful experiences anyone can go through, especially when that loss is due to someone else’s negligence. In Pennsylvania, when a person’s death is caused by another’s reckless or wrongful actions, the law provides a way for certain family members to seek justice and compensation through what is known as a wrongful death lawsuit. However, not just anyone can file such a claim. Pennsylvania law is specific about who is allowed to pursue this legal action and what it entails. Understanding the basics of who can file a wrongful death lawsuit in Pennsylvania can help grieving families make informed decisions in such difficult times. At, McDonald At Law, we are here to guide you through the legal process and help you navigate the complexities of your case.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought when someone’s death is caused by the wrongful actions or negligence of another person or entity. In these cases, the party responsible for the death could be held liable for the losses and damages that the deceased’s family suffers as a result. Wrongful death lawsuits are meant to help the surviving family members recover compensation for things like medical expenses, funeral costs, lost wages, and the emotional pain caused by the death of their loved one. It’s important to understand that a wrongful death lawsuit is not meant to punish the wrongdoer with criminal charges. Instead, it is a civil case aimed at helping the deceased person’s family cope with the financial and emotional burden brought about by their tragic loss.
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
In Pennsylvania, the law only allows certain individuals to file a wrongful death lawsuit. The primary party who is able to file this claim is the personal representative of the deceased person’s estate. A personal representative is someone who is appointed by the court or named in the deceased’s will to manage their estate after they have passed away. The personal representative acts on behalf of the deceased person’s beneficiaries and other family members who have been affected by the loss.
If the personal representative does not file a wrongful death lawsuit within six months of the death, then certain family members are permitted to file the lawsuit themselves. These family members include the deceased person’s spouse, children, or parents. These close relatives can step in and file the claim if the personal representative fails to do so within that time frame.
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What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit?
A wrongful death lawsuit is designed to compensate surviving family members for the losses they experience as a result of their loved one’s untimely death. There are several types of damages that can be recovered in a wrongful death lawsuit in Pennsylvania. These damages can be both economic and non-economic. Economic damages include measurable losses such as medical bills incurred before the death, funeral and burial expenses, and the loss of the deceased person’s income and benefits that would have been provided if they had lived.
Non-economic damages are more difficult to measure but are just as important. These damages are meant to compensate family members for the emotional suffering and loss of companionship they experience as a result of their loved one’s death. Pennsylvania law recognizes the deep emotional pain that comes with losing someone close, and these non-economic damages are intended to provide some form of relief for that emotional pain.
How Long Do You Have to File a Wrongful Death Lawsuit in Pennsylvania?
There is a time limit, known as the statute of limitations, for filing a wrongful death lawsuit in Pennsylvania. According to state law, a wrongful death claim must be filed within two years from the date of the deceased person’s death. If a lawsuit is not filed within this two-year window, the court is likely to dismiss the case, and the family members will lose their right to pursue compensation for their losses.
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It is important to note that there can be exceptions to this rule depending on the circumstances of the case. For example, if the death was not discovered right away, the two-year clock may not start until the death is known. However, these exceptions are rare, and it is always best to act as soon as possible to avoid missing the deadline. Seeking legal guidance early on can help ensure that the wrongful death lawsuit is filed within the required time frame.
The Role of Negligence in Wrongful Death Lawsuits
In order for a wrongful death lawsuit to be successful in Pennsylvania, it must be proven that the death was caused by the negligence or wrongful actions of another party. Negligence occurs when someone fails to act with the level of care that a reasonable person would use in the same situation. In a wrongful death case, the plaintiff must show that the defendant’s negligence directly caused the death of their loved one.
For example, if the death was the result of a car accident, it would need to be proven that the at-fault driver was negligent by speeding, driving under the influence, or failing to obey traffic laws. Similarly, if the death occurred due to medical malpractice, the plaintiff would need to show that the healthcare provider failed to follow standard medical practices, leading to the patient’s death. Proving negligence can be complex, and it often requires the assistance of legal professionals who can investigate the circumstances and build a strong case.
Why Families Seek Justice Through Wrongful Death Lawsuits
Losing a loved one is incredibly difficult, and no amount of money can truly make up for such a loss. However, wrongful death lawsuits provide grieving families with a way to hold the responsible party accountable and obtain financial compensation for their suffering. Many families also file wrongful death lawsuits to bring attention to dangerous situations and prevent similar incidents from happening to others in the future.
In addition to providing financial relief, wrongful death lawsuits can offer families a sense of closure by ensuring that justice is served. Knowing that the responsible party has been held accountable for their actions can bring some measure of peace to families who are struggling to cope with their loss.
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Why Legal Assistance Is Important in Wrongful Death Cases
Wrongful death lawsuits can be complex, and navigating the legal system is often challenging, especially for families who are grieving. Pennsylvania laws regarding wrongful death claims are detailed and specific, and gathering the evidence needed to prove negligence can require significant time and resources. Having legal representation can help families ensure that their rights are protected and that they receive the compensation they are entitled to under the law.
An experienced wrongful death attorney can guide families through the entire process, from filing the claim to gathering evidence and negotiating a fair settlement. Legal professionals also have the knowledge needed to handle the legal paperwork and deadlines, which can be overwhelming for someone who is dealing with the emotional toll of losing a loved one.
If you have lost a loved one due to someone else’s negligence in Pennsylvania, you may have the right to file a wrongful death lawsuit. Understanding who can file such a claim, what damages can be recovered, and how to navigate the legal process is important for ensuring that you receive the justice and compensation you deserve.
At McDonald At Law, we understand how difficult it is to lose a loved one under these tragic circumstances. Our compassionate and experienced legal team is here to help you through every step of the wrongful death lawsuit process. We will work diligently to investigate your case, gather the necessary evidence, and fight for the compensation that you and your family deserve. Contact McDonald At Law today to discuss your case and learn how we can help you seek justice for your loved one’s wrongful death.