Wrongful Death Lawyer Pennsylvania

Losing a loved one is never easy, and when that loss is due to someone else’s negligence, it can be even harder to cope. Porta-Clark & Ward is dedicated to helping families in Pennsylvania navigate wrongful death claims. Our experienced wrongful death lawyers will guide you through the legal process and work tirelessly to secure justice for your loved one. Reach out to us at (412) 921-7350 for a free consultation.

Who Has the Right to File a Wrongful Death Lawsuit in Pennsylvania?

Losing a loved one unexpectedly due to another person’s actions is a devastating experience. While nothing can replace the person you’ve lost, a wrongful death lawsuit can help provide financial support for the surviving family members and hold the responsible party accountable. However, not everyone can file a wrongful death claim in Pennsylvania. Understanding who has the legal right to pursue such a lawsuit is crucial for those navigating this difficult situation.

What Is a Wrongful Death Lawsuit in Pennsylvania?

A wrongful death lawsuit is filed when someone dies as a result of another party’s negligence, recklessness, or intentional actions. This type of lawsuit is designed to compensate the survivors for the financial and emotional toll caused by the loss. The compensation can cover funeral expenses, lost wages, loss of companionship, and other related costs.

In Pennsylvania, a wrongful death lawsuit can be pursued when the death is caused by incidents such as:

Car or truck accidents
Medical malpractice
Workplace accidents
Defective products
Criminal acts, like assault or homicide

Although the circumstances leading to a wrongful death vary, the legal framework for filing a claim remains the same. However, the question remains: who has the right to file such a lawsuit?

Who Can File a Wrongful Death Lawsuit in Pennsylvania?

In Pennsylvania, the law specifies who can bring a wrongful death claim to court. The person who files the lawsuit is known as the “plaintiff,” and this person represents the interests of the surviving family members.

The Personal Representative of the Deceased’s Estate

In Pennsylvania, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This individual is typically named in the deceased person’s will or appointed by the court if no will exists.

The personal representative acts on behalf of the estate and the beneficiaries, such as family members, who are entitled to compensation. While the personal representative can be a spouse, child, or even a friend, their role is legal rather than personal. They are responsible for managing the deceased’s estate, which may include property distribution, paying debts, and filing lawsuits, including wrongful death claims.

Spouse, Children, or Parents of the Deceased

While the personal representative is the only one who can file the lawsuit, the compensation from a wrongful death case is intended to benefit the surviving family members. In Pennsylvania, the surviving spouse, children, and parents of the deceased are typically the main beneficiaries of a wrongful death lawsuit.

Spouse: The surviving spouse is often the primary beneficiary in wrongful death cases. They are entitled to compensation for the loss of their partner’s companionship, guidance, and financial support.
Children: Children of the deceased, whether minors or adults, may also receive a portion of the damages. The loss of a parent can lead to financial hardships, especially if the parent was a primary breadwinner or caregiver.
Parents: In some cases, parents can seek compensation if their child passes away. This is particularly true if the child was unmarried and did not have children of their own. Parents may claim loss of emotional support and companionship.

The amount of compensation each family member receives is determined by the court based on factors such as their relationship to the deceased, the financial impact of the death, and the emotional toll.

Other Family Members

Although spouses, children, and parents are typically the primary beneficiaries, other family members may have the right to file a wrongful death lawsuit in certain situations. For example, if the deceased person had no immediate family, more distant relatives, such as siblings, grandparents, or extended family members, may be eligible.

However, this situation is rare. Generally, courts prioritize immediate family members, as they are more directly affected by the loss.

Types of Damages Available

Wrongful death lawsuits in Pennsylvania can result in various types of compensation for the survivors. The goal is to compensate the family members for the economic and emotional damages caused by the loss. The types of damages available include:

Economic Damages

Funeral and burial expenses: These are costs associated with the funeral service and final resting place for the deceased.
Medical bills: Any medical expenses incurred due to the injury or accident that led to the death are typically covered. This includes hospital bills, surgeries, and emergency care.
Loss of financial support: If the deceased was the primary wage earner, the family may be entitled to compensation for the lost income. This can include lost future earnings, retirement benefits, and other financial support the deceased would have provided.
Loss of services: In cases where the deceased provided essential services, such as household chores or caregiving, the surviving family members may be compensated for the loss of these services.

Non-Economic Damages

Loss of companionship: The death of a spouse, parent, or child can result in a profound emotional loss. Non-economic damages compensate the survivors for the emotional pain and suffering caused by the loss of love, affection, and companionship.
Loss of guidance: For children who lose a parent, the loss of guidance in terms of moral, emotional, and financial support can be significant.
Mental anguish: In some cases, the surviving family members may experience severe emotional distress as a result of the loss.

Time Limits for Filing a Wrongful Death Lawsuit

In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the deceased person’s death. This means that the personal representative must file the claim within two years of the death, or they may lose the right to sue.

There are some exceptions to this rule, such as when the cause of death is not immediately known or when there is a delay in discovering negligence, but it is always best to file as soon as possible to ensure your rights are protected.

Seek Justice with a Wrongful Death Attorney

A wrongful death lawsuit can help surviving family members recover financially after the loss of a loved one due to another person’s negligence. In Pennsylvania, the personal representative of the deceased’s estate is the person who files the lawsuit. However, the beneficiaries of the lawsuit can include the surviving spouse, children, parents, and, in some cases, other family members.

The damages available in a wrongful death lawsuit are designed to compensate for both economic and emotional losses. If you believe you have a wrongful death case, it is essential to consult with an experienced attorney to understand your rights and ensure that you file within the statute of limitations. Porta-Clark & Ward is dedicated to supporting families in Pennsylvania through wrongful death claims. Contact our compassionate wrongful death attorneys at (412) 921-7350 for a free consultation and let us help you seek justice.