When a person dies because of someone else’s negligence or wrongful conduct, Pennsylvania law may allow surviving family members to pursue compensation for losses related to the death. Had they survived, the deceased person would have had a right to file a personal injury claim. Since they didn’t survive, a Philadelphia wrongful death claim may be available.
Wrongful death cases can arise after any type of accident but are commonly linked to:
- Medical malpractice
- Birth injuries
- Motor vehicle accidents
- Workplace accidents
- Defective products
- Dangerous premises
- Criminal acts such as assaults or shootings
Importantly, Pennsylvania law limits who can bring these claims. Typically, the personal representative for the decedent’s estate will initiate wrongful death and survival actions on behalf of family members.
Who Can File a Wrongful Death Claim?
Under 42 Pa. C.S.A. § 8301, a wrongful death claim is filed on behalf of specific surviving family members. The claim is typically brought by the personal representative of the deceased person’s estate.
Any damages recovered in the wrongful death claim are distributed among certain close family members, such as::
- The surviving spouse
- Children of the deceased
- Parents of the deceased
Damages in a wrongful death case are meant to compensate these and any other estate beneficiaries for the losses they personally suffered due to the death. A damages award may include money for:
- Funeral and burial expenses
- Medical expenses related to the final injury or illness
- Loss of financial support the deceased would have provided
- Loss of household services
- Loss of companionship, guidance, and emotional support
The purpose of a wrongful death claim is to provide financial relief to the family members who depended on the deceased person’s support.
Who Can Initiate a Survival Action?
Pennsylvania law also allows for a related type of claim called a survival action. A survival action focuses on the damages suffered by the deceased person before death (rather than the family members’ losses).
A survival action is also filed by the personal representative of the deceased person’s estate. The damages recovered through a survival claim become part of the estate and are distributed according to the decedent’s will or Pennsylvania inheritance laws.
Damages recoverable through a survival action may include:
- Medical expenses incurred before death
- Lost earnings between the injury and death
- Pain and suffering experienced by the deceased before death
- Loss of future earning capacity
In many cases, wrongful death claims and survival actions are filed together in the same lawsuit.
An Experienced Philadelphia Wrongful Death Lawyer Can Help You Determine if You Have a Wrongful Death Claim
The best way to determine if you have a wrongful death claim is to consult an experienced Philadelphia wrongful death lawyer. An experienced attorney can review the circumstances surrounding your loved one’s death, identify the parties who may be responsible, and determine your rights for initiating a wrongful death claim or survival action.
If you believe your loved one’s death was caused by negligence, contact Morris Wilson Knepp Jacquette, P.C. for help understanding your legal rights and whether your family may be eligible to pursue a wrongful death claim under Pennsylvania law.