Losing a family member is devastating under any circumstances. When that loss is caused by someone else’s negligence, recklessness, or intentional actions, the grief is compounded by a sense of injustice. Pennsylvania’s wrongful death laws allow surviving family members to seek compensation for their losses when a loved one’s death was caused by another party’s wrongful conduct. Understanding who can file a claim, what damages are available, and how the process works can help grieving families take the first steps toward accountability and financial recovery.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone dies as a result of another person’s or entity’s negligence or wrongful act. These claims are separate from any criminal charges that may be filed. A wrongful death claim seeks financial compensation for the survivors, while criminal charges seek punishment for the wrongdoer. The two proceedings operate independently, and a wrongful death claim can succeed even if no criminal charges are filed.
Common situations that give rise to wrongful death claims include fatal car accidents caused by a negligent or drunk driver, medical malpractice that results in a patient’s death, workplace accidents caused by unsafe conditions, defective products that cause fatal injuries, and premises liability incidents such as fatal falls.
Who Can File a Wrongful Death Claim in Pennsylvania?
Under Pennsylvania law, a wrongful death claim must be filed by the personal representative (executor or administrator) of the deceased person’s estate. This is typically the person named as executor in the deceased’s will. If there is no will, the court will appoint an administrator of the estate who can then file the wrongful death claim on behalf of the eligible beneficiaries.
Eligible Beneficiaries
The compensation recovered in a wrongful death claim is distributed to specific family members designated by Pennsylvania law. The eligible beneficiaries include the surviving spouse, surviving children (including adult children), and surviving parents of the deceased. If there is no surviving spouse, children, or parents, other family members who were dependent on the deceased may be eligible to recover damages.
It is important to understand that wrongful death damages go directly to the eligible beneficiaries and are not part of the deceased person’s estate for distribution purposes. This means the wrongful death recovery is separate from whatever assets the deceased may have left behind in their will or trust. For context on how the estate itself is handled, our guide on how long probate takes without a will explains the separate probate process.
Wrongful Death vs. Survival Actions
Pennsylvania law distinguishes between wrongful death claims and survival actions, and families often pursue both simultaneously. A wrongful death claim compensates the survivors for their losses resulting from the death. A survival action compensates the deceased person’s estate for the pain, suffering, and expenses the deceased experienced between the time of injury and the time of death.
For example, if someone is severely injured in a car accident and dies three weeks later, the survival action would cover the medical expenses incurred during those three weeks and the pain and suffering the victim experienced. The wrongful death claim would cover the family’s losses going forward, such as lost income and loss of companionship.
What Damages Are Available?
Wrongful Death Damages
The damages available in a wrongful death claim focus on the financial and emotional losses suffered by the surviving family members. These can include the income and financial support the deceased would have provided to the family, the value of household services the deceased performed, medical and funeral expenses related to the death, and loss of companionship, guidance, and counsel. Pennsylvania does not cap wrongful death damages, so the total recovery depends on the specific facts of the case.
Survival Action Damages
Survival action damages compensate the estate for the deceased’s own losses. These can include the deceased’s pain and suffering before death, medical expenses incurred between the injury and death, lost earnings from the time of injury until death, and other economic losses the deceased experienced. Any recovery from a survival action becomes part of the deceased’s estate and is distributed according to their will or Pennsylvania’s intestacy laws.
The Statute of Limitations
In Pennsylvania, you have two years from the date of death to file a wrongful death claim. This deadline is strict, and courts rarely grant exceptions. It is important to note that the clock starts on the date of death, not the date of the incident that caused the death. If someone is injured in January but does not die from those injuries until June, the two-year window begins in June. Given the complexity of these cases and the time required to investigate and build a strong claim, families should consult with an attorney as soon as possible after a wrongful death. Our personal injury team has extensive experience with these sensitive cases.
Proving a Wrongful Death Claim
To succeed in a wrongful death claim, the plaintiff must prove four elements: the defendant owed a duty of care to the deceased, the defendant breached that duty through negligence or wrongful conduct, the breach directly caused the death, and the surviving family members suffered measurable damages as a result.
The standard of proof in a wrongful death case is “preponderance of the evidence,” meaning you must show that it is more likely than not that the defendant’s actions caused the death. This is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases. Evidence in these cases often includes police reports, medical records, expert testimony, witness statements, and documentation of the deceased’s earnings and contributions to the family. Be aware that social media activity from both the deceased and the surviving family members can also be used as evidence.
The Role of an Attorney in Wrongful Death Cases
Wrongful death cases are among the most complex and emotionally charged areas of personal injury law. Insurance companies and defendants in these cases often have teams of lawyers working to minimize their liability. Having an experienced wrongful death attorney on your side ensures that your family’s interests are protected, the claim is filed correctly and within the deadline, all potential sources of compensation are identified, and you can focus on grieving and healing while your attorney handles the legal process.
Seeking Justice for Your Family
No amount of money can replace a loved one. But a wrongful death claim can provide financial stability for a family that has lost its primary breadwinner, hold negligent parties accountable for their actions, and help prevent similar tragedies from happening to other families. If you have lost a loved one due to someone else’s negligence in Pennsylvania, contact Gieg and Jancula today. Our compassionate and experienced attorneys will listen to your story and help you understand your legal options during this difficult time.