Understanding Wrongful Death Claims in Philadelphia: A Quick Guide

In Pennsylvania, only the spouse, children, or parents of the deceased are eligible to recover damages in a wrongful death claim. If the victim had no beneficiaries, no wrongful death claim can be filed.

 
According to Pennsylvania’s intestacy laws, the personal representative of the estate is whoever is designated in the will. If no will exists, then heirs may be eligible to bring a claim.

Statute of Limitations

The Pennsylvania statute of limitations for wrongful death is two years from the day of the victim’s passing. Once the two years are up, a claim may not be filed.

 
With this deadline in mind, it is vital to speak to a qualified wrongful death lawyer as soon as possible. Seeking prompt legal guidance from an attorney experienced in Pennsylvania wrongful death cases will help you ensure your case is on schedule and you have everything you need to obtain compensation.

Common Causes of Wrongful Death in Pennsylvania

When the unlawful, willful, or negligent actions of one person result in the death of another, the death is classified as wrongful under Pennsylvania law. For example, if the deceased died due to a surgical error, a gunshot wound, or an accident involving a drunk driver, then their death would be considered wrongful.

 
Bringing a claim of wrongful death on behalf of your family member will bring the negligent person or entity to account and provide you and your family with compensation for your losses.
Common causes of wrongful deaths in Pennsylvania include:
- Nursing home negligence
- Medical malpractice
- Car Accident
- Pedestrian accidents
- Truck accidents
- Motorcycle accidents
- Violent crimes
- Premises liability
- Dangerous or defective drugs or products

If you suspect your family member’s death was the result of another person’s negligence, seeking the advice of a skilled lawyer is the smartest course of action.

Proving Damages in a Pennsylvania Wrongful Death Case

The purpose of a wrongful death suit is to compensate surviving family members for losses they have or will endure due to the victim’s untimely death. These damages are calculated from the moment of actual death until the estimated end of the victim’s life had the accident not occurred.

Damages will be awarded proportionally based on the deceased’s expected lifespan and their potential future earnings. To maximize financial compensation for a wrongful death claim, all evidence must be preserved as carefully and quickly as possible.

For your claim to be successful, you will have to prove that someone else’s negligence was the immediate cause of your family member’s death. This challenging task is best handled by a personal injury attorney who is well-versed in wrongful death law and knows how to collect and preserve vital evidence.

Recoverable Damages

If you are entitled to bring a wrongful death claim on behalf of the victim, there are multiple forms of damages that may be recoverable, such as:

Economic Damages

You might be able to recover numerous types of economic damages related to your case, including:
- Funeral costs and burial or cremation expenses
- Hospital bills and any other associated medical expenses
- Lost wages and lost future wages
- Estate administration costs
- Financial support the victim would have contributed to the household, such as money for food, housing, education, clothing, gifts, entertainment, and medical care.

Non-Economic Damages

For the mental trauma caused by your family member's death, you may be able to claim non-economic damages relating to:
- Loss of guidance, companionship, and comfort
- Pain, suffering, and inconvenience
- Emotional anguish
- Costs of household services contributed by the deceased, such as child care, yard work, cleaning, and cooking
- Loss of fellowship, sexual relationship, love, and affection
- Decreased quality of life

A Philadelphia wrongful death lawyer will be able to calculate the damages you and your family have sustained and ensure you receive every penny you are entitled to.