A wrongful death claim in Pennsylvania can typically be filed when an individual’s death occurs because of another party’s negligent or intentional actions. Understanding who is allowed to bring such a claim and the timing involved can help family members navigate the legal process.
The law clearly identifies who can file wrongful death lawsuits. The individuals permitted to pursue these claims include:
- Surviving spouse
- Children of the deceased
- Parents of the deceased
If the deceased individual does not have any of these surviving family members, the personal representative of the deceased person’s estate may file the claim.
Common reasons to file
A wrongful death claim is often filed when someone’s death results directly from another person’s careless or deliberate actions. Common situations leading to wrongful death claims include:
- Vehicle accidents caused by negligent drivers
- Fatal injuries from medical errors
- Work-related incidents that result in death
- Dangerous or defective products causing fatal injuries
The purpose of filing these claims is to seek compensation for financial and emotional losses experienced by surviving family members.
Are there time restrictions?
Under Pennsylvania law, wrongful death claims must be filed within two years from the date of the person’s death. Failure to file within this time period generally prevents the claim from being pursued in court.
What types of damages can be claimed?
Family members filing wrongful death claims may receive compensation for several types of damages, such as:
- Funeral and burial costs
- Medical expenses related to the fatal injury
- Lost future earnings of the deceased
- Loss of companionship and emotional support
These damages help ease financial burdens and recognize emotional hardships faced by the surviving family members.
Understanding who can file for wrongful death in Pennsylvania, the reasons for filing, the deadlines involved and the types of compensation available is essential. Having experienced legal guidance can help ensure that the rights of surviving family members are protected.