Understanding Wrongful Death Claims in Pennsylvania
A wrongful death claim arises when a person dies due to another's negligence, recklessness, or intentional actions. Pennsylvania's Wrongful Death Act allows certain family members to seek compensation for their losses. These cases require sensitive handling combined with aggressive legal representation.
Common Causes of Wrongful Death
Motor Vehicle Accidents
Fatal car, truck, and motorcycle accidents are leading causes of wrongful death. Negligent drivers, defective vehicles, and dangerous road conditions can all contribute to these tragedies. Our motor vehicle accident attorneys can help your family pursue justice.
Medical Malpractice
Surgical errors, misdiagnosis, medication errors, birth injuries, and hospital negligence can result in preventable deaths. Medical malpractice wrongful death cases require expert medical testimony to prove the healthcare provider's negligence caused the death.
Workplace Accidents
Construction accidents, industrial injuries, and other workplace fatalities may give rise to wrongful death claims against third parties in addition to workers' compensation death benefits. See our workplace accident services.
Defective Products
Dangerous consumer products, defective automotive parts, dangerous pharmaceuticals, and defective medical devices can cause fatal injuries. Manufacturers can be held liable for deaths caused by their products.
Premises Liability
Property owners' negligence leading to fatal accidents, including inadequate security resulting in assault or homicide, structural failures, swimming pool accidents, and elevator/escalator accidents.
Nursing Home Negligence
Elderly residents who die due to neglect, abuse, understaffing, medical errors, or falls in nursing homes may have wrongful death claims against the facility and its staff.
Who Can File a Wrongful Death Claim in Pennsylvania?
Pennsylvania law establishes a specific order of priority for who can file a wrongful death claim:
- The deceased person's spouse (first priority)
- The deceased person's children if there's no surviving spouse
- The deceased person's parents if there are no spouse or children
- The personal representative of the deceased's estate if none of the above qualify
Damages Available in Wrongful Death Cases
Economic Damages
- Medical Expenses: Costs incurred for medical treatment before death
- Funeral and Burial Costs: Reasonable expenses for final arrangements
- Loss of Financial Support: Income and benefits the deceased would have provided
- Loss of Services: Value of household services the deceased performed
- Estate Losses: Loss of the deceased's earning capacity
Non-Economic Damages
- Loss of Companionship: Compensation for the loss of the deceased's presence
- Loss of Consortium: Loss of marital relationship for surviving spouses
- Loss of Parental Guidance: For children who lost a parent
- Mental Anguish: Emotional suffering caused by the loss
- Loss of Protection and Care: For dependents who relied on the deceased
Punitive Damages
In cases involving particularly egregious conduct, Pennsylvania law may allow punitive damages to punish the wrongdoer and deter similar future conduct.
The Wrongful Death Claims Process
Step 1: Investigation
We conduct a thorough investigation to determine how the death occurred and who bears responsibility. This may involve accident reconstruction, expert analysis, witness interviews, and document review.
Step 2: Evidence Gathering
We collect all relevant evidence, including medical records, accident reports, financial documents, employment records, and expert testimony regarding causation and damages.
Step 3: Filing the Claim
We file a wrongful death lawsuit on behalf of the appropriate family members, carefully documenting all damages and losses suffered by the family.
Step 4: Negotiation and Litigation
We negotiate aggressively with insurance companies and defendants' attorneys. If a fair settlement cannot be reached, we're prepared to take your case to trial.
Step 5: Resolution
Whether through settlement or verdict, we work to secure maximum compensation to provide financial security for your family's future.
Pennsylvania Wrongful Death Law Requirements
Statute of Limitations
Pennsylvania law requires wrongful death lawsuits to be filed within two years from the date of death. Missing this deadline can result in losing your right to compensation forever. Act quickly to protect your family's rights.
Proving Negligence
To win a wrongful death case, we must prove: (1) the defendant owed a duty of care to the deceased, (2) the defendant breached that duty, (3) the breach caused the death, and (4) the family suffered damages as a result.
Survival Actions
Pennsylvania also allows "survival actions" for claims the deceased could have brought if they had survived. These can include pain and suffering experienced before death and are separate from wrongful death claims.
Why Choose GLS Injury Law for Your Wrongful Death Case?
Compassionate Representation
We understand you're going through one of the most difficult times of your life. We handle your case with sensitivity while fighting aggressively for your rights.
Extensive Experience
Our attorneys have successfully represented numerous families in complex wrongful death cases, recovering millions in compensation.
Resources to Handle Complex Cases
Wrongful death cases often require significant resources, including expert witnesses, investigators, and extensive discovery. We have the resources to build strong cases against well-funded defendants.
No Fee Unless You Win
We work on a contingency fee basis. Your family pays no attorney fees unless we recover compensation. There are no upfront costs or out-of-pocket expenses.
Trial Experience
While many cases settle, we're experienced trial attorneys prepared to take your case to court if necessary to achieve justice for your family.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit?
Pennsylvania's statute of limitations for wrongful death claims is generally two years from the date of death. However, certain circumstances can affect this deadline, so it's critical to consult with an attorney as soon as possible.
Who receives the compensation in a wrongful death case?
Compensation is distributed according to Pennsylvania's intestacy laws, typically to surviving spouses, children, and other close family members who were financially dependent on or benefited from the deceased.
Can I file both a wrongful death claim and a survival action?
Yes, Pennsylvania law allows both types of claims to be pursued simultaneously. Wrongful death claims compensate the family for their losses, while survival actions compensate the deceased's estate for damages the deceased suffered before death.
What if my loved one was partially at fault for the accident?
Pennsylvania's comparative negligence law applies to wrongful death cases. Even if your loved one was partially at fault, you may still recover compensation as long as they were less than 51% responsible for the accident.
How much is a wrongful death case worth?
The value depends on many factors, including the deceased's age and earning capacity, the family's financial dependence, the circumstances of the death, and the available insurance coverage. Every case is unique, and we provide personalized assessments during free consultations.
Contact Our Lancaster Wrongful Death Attorneys
If you've lost a loved one due to someone else's negligence, contact GLS Injury Law today for a compassionate, confidential consultation. We'll review your case, explain your legal options, and fight to secure the compensation your family deserves.
Call (717) 394-3004 now or contact us online. We're available 24/7 to help your family.