Filing a Wrongful Death Claim in Pennsylvania: A Guide for Grieving Families

Pennsylvania’s wrongful death laws provide a means for grieving family members to seek both justice and closure after a fatal accident. When a careless mistake, violence, or a defective product causes a loss of life, the parties that are to blame can—and should—be held legally accountable. Seeking accountability starts with hiring an experienced Stroudsburg wrongful death lawyer to investigate and advise you regarding your family’s legal rights.

While we know that taking action in this situation can be incredibly difficult, we also know how important it is for family members to file wrongful death claims when warranted. If you have questions about filing a wrongful death claim in Pennsylvania, here is an overview of what you need to know:

When a Death is Considered “Wrongful” in Pennsylvania

Deaths resulting from fatal accidents and other fatal incidents can be deemed “wrongful” on various grounds. Individuals and companies can be held duly accountable in cases involving:

• Negligence (or Gross Negligence) – Negligence can take many different forms. Speeding, distracted driving, and drunk driving are all common forms of negligence, as are mistakes like failing to provide adequate security and failing to repair (or prevent access to) dangerous equipment, machinery, or premises.
• Intentional Conduct – Assaults, street racing, and other forms of intentional and highly dangerous conduct can provide clear grounds to file wrongful death claims under Pennsylvania law. In these cases, not only can the parties directly involved be held accountable, but, in many cases, their employers and other parties can be held accountable as well.
• Dangerous and Defective Products – All companies have a legal duty to ensure that their products are safe for their intended use. As a result, if a dangerous or defective product causes fatal injuries, this can also provide clear grounds for grieving family members to file a wrongful death claim in Pennsylvania.

A fatal accident or incident does not have to result in an arrest to give rise to a wrongful death claim under Pennsylvania law. As a result, regardless of what has happened since your loved one’s accident, we strongly encourage you to speak with a lawyer as soon as possible.

Family Members Who Are Eligible to File a Wrongful Death Claim in Pennsylvania

In Pennsylvania, the family members who are eligible to file a wrongful death claim generally include the deceased’s spouse, parents, and adult children. Alternatively, the deceased’s personal representative may file a wrongful death claim on the family’s behalf. The deceased’s personal representative is the individual who is designated to manage his or her estate and final affairs. If the deceased had an estate plan, his or her will should designate a personal representative. Otherwise, a personal representative must be selected through the probate process.

Damages Available in Pennsylvania Wrongful Death Claims

Under Pennsylvania law, eligible family members can seek damages that cover all of the financial and non-financial losses they have suffered—and will suffer in the future—due to their loved one’s untimely passing. In a typical case, this will include:

• Medical bills, funeral expenses, and other out-of-pocket costs
• Loss of financial support and future inheritance
• Loss of companionship, consortium, guidance, and services

If your loved one survived for any period of time following the fatal accident or incident, your family may be able to file a survival claim as well. Wrongful death claims and survival claims are closely related. While wrongful death claims seek compensation for eligible family members’ losses, survival claims seek to recover damages for the deceased’s pain, suffering, and other losses prior to death.

The Process of Filing a Wrongful Death Claim

Filing a wrongful death claim starts with hiring a lawyer who has the capabilities and experience required to effectively represent your family. From this point, there are several steps in the process, and your family’s lawyer will be able to take these steps on your behalf while keeping you informed and seeking your input as necessary.

Once you hire a Stroudsburg wrongful death lawyer to represent your family, some of the key steps in the process will include:

• Investigating the Accident or Incident – Following any type of fatal accident or incident, it is important to conduct a comprehensive investigation as soon as possible. It is important not to rely solely on the police or insurance companies to investigate in this scenario.
• Documenting the Cause of Death – One of the primary purposes of conducting an investigation is to identify and document the cause of death. Once your family’s lawyer has a clear understanding of what happened and why, then your family’s lawyer can determine who (or what company) is legally responsible.
• Documenting the Damages Your Family is Entitled to Recover – Along with documenting your loved one’s cause of death, another key step in the process will be documenting the damages your family is entitled to recover. This itself is a multi-step process that requires the knowledge and insights of an experienced Stroudsburg wrongful death lawyer.
• Filing All Available Claims – With sufficient evidence in hand, your family’s lawyer will be able to file all available claims on your family’s behalf. In most cases, this will involve dealing with the at-fault party’s (or parties’) insurance company.
• Seeking an Efficient and Favorable Resolution – Most successful wrongful death claims settle without going to court. Your family’s lawyer will work to secure a favorable settlement offer, and if an offer is on the table, he or she will help you make an informed decision about whether to accept or keep fighting for more.

This is just a brief overview. If you have questions about filing a wrongful death claim in Pennsylvania, it will be important to ensure that you are making informed decisions about your next steps. To get the advice you need, you should schedule a free consultation as soon as possible.

Discuss Your Family’s Legal Rights with a Stroudsburg Wrongful Death Lawyer for Free

If you need to discuss your family’s legal rights with a Stroudsburg wrongful death lawyer, we invite you to contact us. Call 888-777-7098 or contact us online to schedule a free consultation today.