PHILADELPHIA
QUICK GUIDE TO
IN
WRONGFUL DEATH
How Is "Wrongful Death" Defined in Pennsylvania?
WRONGFUL DEATH IS DEFINED AS:
An occurrence when one person dies due to the legal fault of another person or entity.
Arrow
This includes:
A negligence-based incident (such as a car accident)
Medical malpractice
An intentional act (including a crime)
Who May Bring A Wrongful Death Lawsuit In Pennsylvania?
The following can bring wrongful claim on behalf of another person:
The personal representative
The administrator of the estate
The executor of the person's will
If a wrongful death claim is not made within six months, the
spouse
,
children
or
parents
may make a claim.
Under Pennsylvania's
"Statute of Limitations"
, a wrongful death claim must be filed within
two years.
Who May Recover Damages In A Pennsylvania Wrongful Death Lawsuit?
The following can recover damages:
Spouse of the victim
Child of the victim
Parents of the victim
What Damages May Be Recovered In A Wrongful Death Lawsuit?
In Pennsylvania, compensation in damages includes:
Funeral & burial expenses
Hospital & medical expenses
Estate administration expenses
In Pennsylvania, compensation in damages includes:
Lost wages & benefits
Los of the deceased's household services, society, comfort & guidance
What Is
A Survival Action?
A survival claim
can be made for the
pain & suffering of the person who was killed
by the wrongful or negligent acts of another.
Wrongful death
and
survival cases
can overlap in some ways and are considered
complementary claims.
IN PENNSYLVANIA
Surviving family members cannot recover damages twice –
once under a survival action and once under a wrongful death action
– for the same loss.
CONTACT US
(215) 254-6391
(866) 907-2231
TOLL FREE
IN PHILADELPHIA