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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.

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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.

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