What Damages Can a Pennsylvania Family Recover in a Wrongful Death Case?

The sudden loss of a loved one is a profoundly difficult experience. When that loss is caused by another person's negligence or wrongful act, the emotional and financial burdens can feel overwhelming for your family.

Understanding Wrongful Death Claims in Pennsylvania

In Pennsylvania, a wrongful death claim allows certain family members to seek financial recovery when a loved one dies due to someone else's fault. This claim is separate from any criminal charges that might be filed. It focuses on the losses the surviving family members have suffered.

Pennsylvania law defines who can bring a wrongful death claim and what kinds of damages can be recovered. The primary statutes governing wrongful death claims are found in 42 Pa. C.S. § 8301 and 42 Pa. C.S. § 8302.

Who Can File a Wrongful Death Claim?

Under Pennsylvania law, the personal representative of the deceased person's estate is typically the one who files a wrongful death claim. This personal representative is often a close family member like a spouse, child, or parent. If a claim is not filed by the personal representative within six months of the death, then any person entitled to recover damages may file the claim.

Types of Damages Available in a Pennsylvania Wrongful Death Case

The purpose of a wrongful death claim is to compensate the family for the losses they have suffered because of their loved one's death. These losses can be both financial and non-financial.

Economic Damages

These are losses that can be calculated with a specific monetary value. They often include:

• Medical and Funeral Expenses: Your family can seek to recover reasonable hospital, nursing, medical, and funeral expenses related to the death.
• Loss of Financial Support: This includes the wages, benefits, and other financial contributions the deceased person would have provided to their family during their expected lifetime. This can involve calculating future earnings, pensions, and other sources of income.
• Loss of Services: This covers the monetary value of services the deceased person would have provided around the home, such as childcare, cooking, cleaning, or maintenance.

Non-Economic Damages

These damages are harder to put a specific dollar amount on but are very real losses for a grieving family. They represent the intangible losses that come with losing a loved one. The law recognizes that a family loses more than just financial support.

Under 42 Pa. C.S. § 8301, non-economic damages in a wrongful death action can include:

• Loss of Comfort, Society, and Companionship: This accounts for the emotional support, love, guidance, and companionship that the deceased person provided to their family members.
• Loss of Guidance and Moral Education: This is particularly relevant for children who lose a parent, recognizing the vital role a parent plays in their upbringing.

It is important to understand that pain and suffering of the deceased person before death are not recovered in a wrongful death claim itself. Those types of damages are generally part of a separate claim called a survival action, which we will discuss next.

Survival Actions in Pennsylvania

A survival action, governed by 42 Pa. C.S. § 8302, is distinct from a wrongful death claim. While a wrongful death claim compensates the family for their losses, a survival action seeks to recover damages that the deceased person would have been entitled to had they lived. This includes:

• Pain and Suffering: If the deceased person suffered before their death, the estate may be able to recover for their physical pain and mental anguish.
• Lost Earnings: This covers the income the deceased would have earned from the time of injury until their death.
• Medical Expenses: This includes medical bills incurred by the deceased from the time of injury until their death.

Any funds recovered through a survival action go into the deceased person's estate and are then distributed according to their will or Pennsylvania's intestacy laws.

The Statute of Limitations for Wrongful Death Claims

Time is a critical factor in any personal injury or wrongful death case. In Pennsylvania, a wrongful death claim typically must be filed within two years from the date of the person's death. This deadline is known as the statute of limitations, and it is set out in 42 Pa. C.S. § 5524. If a claim is not filed within this two-year period, your family may lose the right to seek any damages, regardless of how strong your case might be. There are very few exceptions to this rule.

Factors Affecting Wrongful Death Damages

Several elements can influence the amount of damages your family may be able to recover:

• The Deceased's Age and Health: A younger, healthier individual with a longer life expectancy often results in higher projected lost earnings and services.
• The Deceased's Income and Earning Capacity: The higher the individual's past and potential future earnings, the greater the economic damages for lost financial support.
• The Relationship Between the Deceased and Survivors: The nature of the relationship impacts the value of lost companionship and society.
• Evidence of Negligence: The strength of the evidence proving the at-fault party's negligence is crucial.
• Comparative Negligence: If the deceased person was found to be partly at fault for the accident, this could reduce the total damages recovered by their family. Pennsylvania's comparative negligence law (42 Pa. C.S. § 7102) states that if the deceased is found to be more than 50% responsible, no damages can be recovered.

How a Personal Injury Lawyer Can Help Your Family

Navigating a wrongful death claim involves complex legal and financial calculations. We can help your family by:

• Investigating the cause of death to gather crucial evidence.
• Identifying all responsible parties.
• Calculating the full extent of your family's economic and non-economic damages.
• Filing all necessary legal documents within the strict deadlines, including the two-year statute of limitations.
• Negotiating with insurance companies on your behalf.
• Representing your family in court if a fair settlement cannot be reached.

We understand that no amount of financial recovery can replace your loved one. However, pursuing a wrongful death claim can provide your family with the financial stability needed to move forward and hold the at-fault party accountable.

What to Do Next

If your family has lost a loved one due to someone else's negligence in Pennsylvania, you should consider contacting an experienced personal injury attorney promptly. We can review the specifics of your situation and advise you on your legal options.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

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Frequently Asked Questions

What is the difference between a wrongful death claim and a survival action in Pennsylvania?

A wrongful death claim compensates the surviving family members for their losses due to the death, such as lost financial support and companionship. A survival action seeks damages the deceased would have recovered if they had lived, like pain and suffering, and medical expenses before death. Funds from a survival action go into the deceased's estate.

Who can receive damages from a wrongful death claim in Pennsylvania?

Under Pennsylvania law, the spouse, children, or parents of the deceased are typically the ones who can recover damages. If there are no such beneficiaries, other individuals dependent on the deceased may be able to recover.

Is there a time limit to file a wrongful death lawsuit in Pennsylvania?

Yes, there is a strict deadline. In Pennsylvania, a wrongful death claim generally must be filed within two years from the date of the loved one's death. This is known as the statute of limitations.

What kinds of economic damages can be recovered in a Pennsylvania wrongful death case?

Economic damages can include the deceased's medical and funeral expenses, the financial support the deceased would have provided to the family, and the monetary value of household services they would have performed.

What are non-economic damages in a wrongful death claim?

Non-economic damages address the intangible losses. These can include the loss of comfort, society, companionship, and the guidance or moral education the deceased would have provided to their family.

Can a wrongful death claim be pursued if the deceased was partly at fault?

In Pennsylvania, if the deceased person was found to be partially at fault for the accident, the amount of damages your family can recover may be reduced. If the deceased is determined to be more than 50% responsible, your family cannot recover any damages.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.