It’s devastating when you lose a loved one because of someone else’s negligence or wrongful actions. No amount of compensation can replace the person you’ve lost, but Pennsylvania law provides a path to seek financial recovery to reduce the strain that unexpected death can cause. Understanding your rights will ensure that you’re able to protect your family’s future during this difficult time.
What Qualifies as a Wrongful Death in Pennsylvania?
Pennsylvania law defines it as wrongful death when a person dies as a result of someone’s negligent, reckless, or intentional conduct. In these instances, the Pennsylvania Wrongful Death Act allows family members to seek legal action. A small sampling of cases that can result in wrongful death includes:
- Car accidents caused by distracted or impaired drivers
- Workplace accidents in construction or industrial settings
- Medical malpractice or negligence by healthcare providers
- Liability incidents such as slip-and-falls or inadequate security
- Nursing home abuse and neglect
There are many other instances that may qualify as wrongful death. A qualified attorney will be able to evaluate your specific case.
Who Can File and What Damages Can Be Recovered in Pennsylvania
Pennsylvania law has restrictions on who can file a wrongful death lawsuit. Typically, the personal representative of the deceased’s estate files the claim on behalf of any eligible beneficiaries. This includes the surviving spouse, children, and the deceased’s parents. If none of the relatives exist, the standing to file a claim passes to other dependents or next of kin.
Recoverable damages for wrongful death cases in Pennsylvania fall into two primary categories:
- Economic damages include any medical expenses incurred before death, funeral and burial costs, lost income the deceased would have earned, and loss of inheritance.
- Non-economic damages provide compensation for the loss of companionship, guidance, protection, and any emotional pain caused by the loss.
Some wrongful deaths are the result of particularly egregious conduct. In these cases, punitive damages might also be available to punish the wrongdoer in the hopes of deterring similar behavior in the future.
Understanding the Legal Process and Key Deadlines
As with many lawsuits, time is critical in wrongful death cases. Statutes of limitation require that a case be brought within a certain time. In Pennsylvania, that limit is two years from the date of death for wrongful death suits. Missing the deadline typically means losing the right to pursue compensation, making it essential to talk with an attorney as soon as possible.
When the legal process begins, the primary goal is to investigate and establish liability, gathering evidence. Accident reports, medical records, witness statements, and expert testimony will all be a part of this process. Once liability has been established, your attorney will file the lawsuit, and the discovery process will begin. This is where both sides exchange information. Many cases are settled out of court through negotiation; however, sometimes the case proceeds to trial, where a judge or jury determines the outcome.
How Scherline Injury Law Supports Families After a Wrongful Death
The attorneys at Scherline Law understand that no victory will bring your loved one back. Still, we’re committed to securing justice and compensation to the fullest extent allowed by Pennsylvania law. We take a compassionate, client-first approach to ensure that your family receives the sensitivity and respect it deserves.
Our decades of experience serving families throughout the Lehigh Valley have enabled us to successfully resolve numerous wrongful death cases. In the process, we’ve recovered millions for grieving families. Because tragedy doesn’t wait for business hours, we’re available 24 hours a day, seven days a week. We also work on a contingency fee basis, meaning you pay nothing unless we win your case.
If you’ve lost a loved one due to someone else’s negligence, contact Scherline Injury Law today for a free, confidential consultation. Let us fight for justice while you focus on your family.
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