Loved ones file wrongful death claims in Pennsylvania when they believe negligence or unlawful acts led to that person’s death. Depending on the facts of the case, they can get financial compensation for both the financial losses caused by the death and the non-economic damages, such as lost companionship. At Scherline Injury Law, we helped Pennsylvania residents evaluate the cases surrounding a loved one’s death. Our team can walk you through your legal options, help you better understand who can file a wrongful death claim and what the steps are, and ensure your rights are upheld.
Understanding Wrongful Death in Pennsylvania
The specifics of ‘wrongful death’ are determined on a state-by-state level. In Pennsylvania, wrongful deaths are those that at least partially result from the negligence, recklessness, or illegal acts of a third party. For example, you might have a wrongful death claim due to a semi-truck accident, poor oversight in a senior living home, or dangerous working conditions.
This is a civil matter, not a criminal one, and wrongful death claims are used to pursue compensation for losses. As a general rule, a wrongful death claim in Pennsylvania must be filed within two years.
Eligible Family Members and Dependents
Who can file a wrongful death claim?
Not everyone can file a wrongful death claim in Pennsylvania. Generally speaking, it’s reserved for spouses, children, or the parents of the deceased person. However, other friends or family members are generally unable to make a claim or receive damages; this includes an unmarried partner, siblings, or extended family members. Also, parents of a deceased adult might only be able to claim damages if they were financially dependent on them.
This strict eligibility applies to who may receive damages from a claim; the estate’s executor or administrator can often file the claim on behalf of the eligible family members.
The Role of a Personal Representative
The question of who can file a wrongful death claim is slightly more complicated than asking who is eligible for compensation. A personal representative is often the person who files the wrongful death claim on behalf of the deceased’s eligible loved ones. They handle the entire process, including:
- Filing the claim, generally within six months of the death event, but within two years at most
- Managing the claim with the assistance of a wrongful death attorney, including deciding whether to accept settlement claims or go to trial
- Gather information or appoint legal representatives who can manage the task
- Handle fair distribution of any compensation according to the deceased’s will and Pennsylvania law.
Personal representatives have a fiduciary duty to act in the best interests of the estate and the wrongful death claim beneficiaries.
Compensation, Time Limits, and Legal Guidance
Any wrongful death claim must be filed within two years. Personal representatives generally have six months to act, and then the eligible loved ones have the remainder of the two years if the personal representative fails to act.
Types of compensation you can be awarded through a wrongful death claim are:
- Financial losses, such as loss of future wages
- Loss of value, such as unpaid childcare services
- Non-economic losses, such as loss of companionship
- Estate compensation, including medical expenses, funeral costs, and estate administration costs
Depending on the circumstances, you may even be awarded punitive damages to punish the responsible party.
While wrongful death claims may be the first legal action that comes to mind, a survival action may be more relevant in your situation. Think of a wrongful death claim as on behalf of family members who suffer losses from the event; a survival action is a claim from the estate if it suffers damages due to the action. For example, someone’s estate may be significantly impacted by medical bills and business disruption. The estate can receive damages, which then go to the heirs and creditors; while there may be some overlap, these two options operate differently.
Pursue Your Wrongful Death Claim in Pennsylvania by Contacting Scherline Injury Law
If your loved one was killed and you believe negligence, recklessness, or illegal acts resulted in the event, contact Scherline Injury Law. Our legal team can review the facts of the case and walk you through your available options to pursue compensation. We’re here to help personal representatives and loved ones protect their legal rights and fight for compensation. Contact us today to learn more about the process or to schedule a consultation.
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