Losing a loved one unexpectedly because of the negligence or wrongful actions of another person can be a very traumatic and life-altering experience. While financial compensation can never replace the loss, it can offset the financial burdens associated with it. Although no one plans to experience a wrongful death case, Pennsylvanians should educate themselves on who can file wrongful death claims in Pennsylvania and how compensation works.
What Is a Wrongful Death?
A death can be considered wrongful if it results from the negligence, recklessness, or wrongful actions of another person. The following are some common incidents that we at Bowers Fawcett & Hurst, LLC, have seen in wrongful death claims:
- Car accidents
- Medical malpractice
- Slip and fall incidents
- Product malfunctions
This list is by no means exhaustive. A myriad of incidents can result in death, and any time a death occurs because of someone else’s wrongful action or neglectful inaction, a wrongful death and survival claim is likely to be legitimate.
Car accidents are a very common example. Pennsylvania recorded 1,127 fatalities due to roadway accidents in 2024 alone. In many of those accidents, distracted or neglectful driving was likely a contributing factor.
Medical malpractice is another major category of incident that can result in wrongful death. In 2024, Pennsylvania logged a total of 1,548 medical malpractice claims.
Who Can File a Wrongful Death Claim in Pennsylvania?
In Pennsylvania, usually only the immediate family of the person who died can file a wrongful death claim and recover associated compensation. Immediate family includes the deceased person’s spouse, children, or parents.
There is a statute of limitations for filing wrongful death claims in Pennsylvania. According to Section 5524 of the Pennsylvania Consolidated Statutes, any legal action for a wrongful death must usually be initiated within two years of the death. This does not mean that the case must be settled within that time, only that the initial legal action must be filed by then. If you need to pursue wrongful death compensation, it is advisable to hire a wrongful death lawyer and do so as soon as possible.
What Compensation Can Victims Recover for a Wrongful Death and Survival in Pennsylvania?
The families of wrongful death victims can recover compensation for medical bills, funeral expenses, lost support and guidance, lost companioinship, lost wages, and the victim’spain and suffering. Here are some more details about some of these categories:
- Medical bills and funeral expenses. Medical care can be incredibly expensive, and the family of a wrongful death victim should not be left to carry massive medical debt because of what happened to their loved one. This aspect of a settlement should cover all medical bills as well as the costs associated with a funeral.
- Lost wages. For many families of wrongful death victims, the loss creates a massive financial deficit. This is especially true if the deceased person was the family’s main income earner. Compensation for the wrongful death should offset the financial impacts of losing the deceased person’s income, both present and future.
- Pain and Suffering. Under the Survival Claim, the victim’s estate is compensated for pain and suffering from the time of injury until death.
Claimants may include damages resulting from the loss of companionship or familial guidance from the deceased person. The latter especially applies to the children of the deceased person.
In some cases, the family of a deceased person can also pursue punitive damages against the liable party. Pennsylvania wrongful death laws enable these damages to punish the person responsible for the death, and they usually only apply when the liable person’s conduct was especially egregious. For example, a victim’s family may pursue punitive damages against a person who was driving under the influence of alcohol or drugs and caused a car accident that killed their loved one.
FAQs
How Much Does a Wrongful Death Lawyer Cost in Pennsylvania?
The cost to hire a wrongful death lawyer in Pennsylvania can vary widely depending on the complexity of the case and the individual lawyer’s rates and fee structure. However, most lawyers taking wrongful death cases operate on a contingency basis. They do not require an upfront fee. Instead, they get a percentage of any settlement they secure for their clients.
Is My Wrongful Death Claim Likely to Go to Trial?
No, your wrongful death claim is not likely to go to trial. The cost of going to trial is very high; most of the time, insurance companies or other defendants would much rather settle the case outside the courtroom than go through that process. However, if your case does go to trial, your wrongful death attorney will represent you in court.
Who Pays for Damages in Wrongful Death Cases in Pennsylvania?
Who pays for damages in wrongful death cases in Pennsylvania depends on who is found liable for the incident that resulted in the wrongful death. For example, if the death occurred because of a car accident, the liable driver’s insurance company is the most likely payer in the case. If the death occurred because of a slip and fall incident, the property or business owner’s insurance company would be the most likely payer.
How Long Does It Take to Settle a Wrongful Death Case in Pennsylvania?
How long it takes to settle a wrongful death case in Pennsylvania is different in each situation. The time from filing the initial claim to receiving a final settlement can vary widely, depending on the complexity of the case and the willingness of the liable party to settle. If a case goes all the way to trial, it is likely to take much longer to resolve than a case that settles out of court.
Hire a Wrongful Death Lawyer – Contact Bowers Fawcett & Hurst, LLC
It is an unfortunate truth that one person’s bad decision or single moment of carelessness can alter the lives of other people forever. If you have lost a loved one in a wrongful death incident and must pursue compensation, you need the steady guidance of experienced and courtroom-confident legal counsel. Contact Bowers Fawcett & Hurst, LLC, today to find out how we can help you.
