Filing a Wrongful Death Claim in Pennsylvania

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September 11, 2019
Legally Reviewed By Attorney Rand Spear, Esq.

When a person dies, it is a tragic time in the lives of their loved ones. This is especially so if the death occurred due to the negligence of another party. This is known as a wrongful death. Families and loved ones who face these situations often wish to seek justice for this horrible incident. This can be done by filing a wrongful death claim. During this time, it is important to contact an experienced attorney.

What is Wrongful Death?

The state of Pennsylvania defines wrongful death as the “death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” These occurrences may be the result of a person’s negligence, carelessness, or poor behavior. Many cases often stem from instances such as car accidents, product malfunctions, medical malpractice, and more. These horrific accidents can leave a family to not only deal with the loss of a life, but sometimes the loss of an income as well.

Who Can File a Wrongful Death Claim?

When dealing with a wrongful death, it is important to consider your legal options. Many people often wonder if they are able to file a wrongful death claim. The state of Pennsylvania allows the personal representative of the deceased’s estate to file a claim. It is important that this claim is filed within 6 months of the date of death. If they fail to do so, the opportunity opens up and any beneficiary is able to file a claim. The statute of limitations on filing this claim is two years from the date of the death.

Recovering Compensation

Wrongful deaths often cause significant financial burdens for their loved ones, especially if the deceased was a dependable source of income for the family. There are also certain additional costs that are required when taking care of a death. It is because of this that compensation may be awarded in the event of a successful wrongful death case. In the state of Pennsylvania, compensation may be awarded for the following damages related to the incident:

  • Medical bills, funeral costs, and other financial burdens
  • The loss of income
  • The loss of a relationship and companionship
  • The loss of parental guidance and support for children
  • Emotional distress
  • Pain and suffering

Contact our Firm

If you or a loved one has been in a personal injury accident in Pennsylvania, it’s important that you contact an experienced Philadelphia personal injury attorney to help you with your case. Contact Spear Greenfield to get the right attorney in your corner.