Wrongful Death Claims in Pennsylvania: When Your Loved One Was Partly at Fault for an Accident

Losing a loved one suddenly is a devastating experience. The grief can be overwhelming, and trying to navigate the legal system during this time can feel impossible. When you are also facing questions about whether your loved one might have been partly responsible for the accident that took their life, the situation becomes even more complex.

We understand the weight you carry. Our firm helps families in Pennsylvania understand their rights and options after such a tragedy, especially when fault is not entirely clear.

Understanding Wrongful Death Claims in Pennsylvania

A wrongful death claim in Pennsylvania allows certain family members to seek justice and financial support when someone's death is caused by another party's negligence or wrongful act. These claims are distinct from a survival action, which covers the damages the deceased person would have suffered if they had lived.

• Wrongful Death Action (42 Pa. C.S. § 8301): This claim is brought by the personal representative of the deceased's estate on behalf of specified beneficiaries, typically the spouse, children, or parents. It aims to recover for the financial losses suffered by the family, such as funeral and burial expenses, medical expenses incurred between injury and death, and the present value of the services, society, and comfort the deceased would have provided to their family.
• Survival Action (42 Pa. C.S. § 8302): This claim is also brought by the personal representative but is on behalf of the deceased's estate. It seeks to recover for the damages the deceased would have been able to claim had they survived, such as pain and suffering, lost earnings from the date of injury until death, and medical expenses.

Both types of claims are often filed together after a fatal accident. However, the question of shared fault can impact both actions.

Pennsylvania's Comparative Negligence Rule

Pennsylvania law recognizes that sometimes more than one party can contribute to an accident. This concept is called "comparative negligence," and it is crucial in wrongful death claims where your loved one might have been partly at fault. The rule is outlined in 42 Pa. C.S. § 7102.

How Comparative Negligence Works

Under Pennsylvania's modified comparative negligence rule, a claimant can still pursue a claim even if their loved one was partly at fault for the accident, as long as their fault was not greater than the fault of the other party or parties involved. In simpler terms, if your loved one is found to be 50% or less responsible for the accident, your family can still seek compensation.

Here's how it applies:

• If your loved one is found to be 0% at fault, your family can seek the full amount of damages.
• If your loved one is found to be 10% at fault, the total damages determined by the court would be reduced by 10%.
• If your loved one is found to be 40% at fault, the total damages would be reduced by 40%.
• If your loved one is found to be 51% or more at fault, then your family generally cannot recover any damages from the other party. This is a critical threshold.

It is important to remember that determining fault in an accident can be complex. Insurance companies often try to assign as much fault as possible to the deceased to reduce what they have to pay. This is why having an experienced attorney on your side is so important.

Evidence and Proving Fault in Fatal Accidents

To establish a wrongful death claim, we must prove that another party's negligence caused the accident and your loved one's death. This often involves gathering and analyzing various types of evidence.

Types of Evidence

• Police Reports: These reports often contain initial observations, witness statements, and sometimes preliminary determinations of fault.
• Witness Statements: Testimony from people who saw the accident can be vital in reconstructing what happened.
• Accident Reconstruction: Experts can analyze physical evidence, vehicle damage, and other data to determine the sequence of events and how the accident occurred.
• Medical Records: These establish the cause of death and connect it directly to the injuries sustained in the accident.
• Photographs and Videos: Images or footage from the scene, dash cams, or surveillance cameras can provide undeniable evidence.
• Vehicle Data Recorders: "Black boxes" in cars can record crucial information like speed, braking, and impact forces.

When there's a question of shared fault, we meticulously examine all available evidence to ensure that your loved one's responsibility is accurately and fairly assessed, challenging any attempts by insurance companies to unfairly blame them.

The Role of Insurance Companies

After a fatal accident, you will likely be contacted by insurance companies, both your own and the at-fault driver's. It is important to be very careful in these interactions.

• Their Goal: Insurance adjusters work for the insurance company, and their primary goal is to protect the company's profits. This often means trying to minimize what they pay out, sometimes by trying to shift blame onto your loved one.
• Recorded Statements: They may ask you for a recorded statement. We advise against providing one without first speaking with an attorney. Anything you say can be used against your claim.
• Settlement Offers: They may offer a quick settlement. These initial offers are almost always far less than what your family truly deserves and needs. Accepting an offer means giving up your right to seek further compensation.

We handle all communications with insurance companies on your behalf, protecting your family from tactics designed to undermine your claim.

Damages in a Pennsylvania Wrongful Death Claim

Even if your loved one was partly at fault, if their fault is 50% or less, your family can still pursue damages. These damages are intended to help your family cope with the profound losses you have suffered.

Types of Damages That May Be Sought

• Funeral and Burial Expenses: The costs associated with laying your loved one to rest.
• Medical Expenses: Any bills for medical treatment your loved one received for their injuries between the time of the accident and their passing.
• Loss of Financial Support: The income and financial contributions your loved one would have provided to the family over their lifetime.
• Loss of Services: The value of household services, childcare, guidance, and other non-financial contributions your loved one would have provided.
• Loss of Society and Companionship: The intangible but very real loss of your loved one's presence, comfort, affection, and guidance.
• Pain and Suffering (Survival Action): For the physical pain and emotional distress your loved one endured from the injury until their death.
• Lost Earnings (Survival Action): The income your loved one would have earned from the time of the injury until their death.

The total amount your family might ultimately receive would be reduced by your loved one's percentage of fault, as determined by the comparative negligence rule.

The Statute of Limitations for Wrongful Death Claims

Time is a critical factor in wrongful death cases. In Pennsylvania, there is a strict deadline for filing these claims, known as the statute of limitations. Generally, you have two years from the date of your loved one's death to file a wrongful death lawsuit. This rule is found in 42 Pa. C.S. § 5524.

If you miss this deadline, you will likely lose your legal right to pursue any compensation, no matter how strong your case might be. There are very few exceptions to this rule, and they are rare. Do not delay in seeking legal advice, especially if you suspect there might be a question of shared fault, as investigating these cases takes time.

What to Do Next

If your loved one died in an accident in Pennsylvania, and you have concerns about shared fault, your immediate step should be to consult with an experienced personal injury attorney. We can review the details of your specific situation, investigate the accident, and explain how Pennsylvania's comparative negligence law applies to your family's potential wrongful death claim. We are here to help you understand your rights and guide you through this difficult process.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

Hurt in Pennsylvania? Request a free case review — no fee unless we win.

Frequently Asked Questions

What is comparative negligence in Pennsylvania?

Pennsylvania uses a modified comparative negligence rule. This means that if your loved one was partly at fault for an accident that led to their death, your family can still pursue a wrongful death claim as long as your loved one was not more than 50% responsible. If their fault is 51% or more, you generally cannot recover damages.

Can I still file a wrongful death claim if my loved one was speeding?

Yes, you may still be able to file a claim. Speeding could be a factor in determining fault. However, if another driver was also negligent, such as by running a red light, your loved one might be found to be partly at fault, but not necessarily more than 50% at fault. An attorney can help analyze the specifics of the accident.

How long do I have to file a wrongful death claim in Pennsylvania?

In Pennsylvania, the general rule is that you have two years from the date of your loved one's death to file a wrongful death lawsuit. This is called the statute of limitations. It is crucial to act quickly to avoid losing your right to seek compensation.

What kind of damages can a family seek in a wrongful death claim?

Families can seek various types of damages, including funeral and burial expenses, medical bills incurred before death, lost financial support the deceased would have provided, and the value of lost services and companionship. If the deceased person was partly at fault, the total damages will be reduced by their percentage of fault.

Will the insurance company try to blame my loved one?

It is common for insurance companies to try to assign some or all of the blame to the deceased in order to reduce the amount they might have to pay. This is why it is important to have legal representation to protect your family's interests and ensure a fair assessment of fault.

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

A wrongful death claim (42 Pa. C.S. § 8301) compensates family members for their direct losses, such as lost financial support and companionship. A survival action (42 Pa. C.S. § 8302) seeks damages the deceased would have been able to claim had they lived, like pain and suffering and lost earnings, and these are paid to their estate.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.