Can I File a Wrongful Death Lawsuit for My Spouse?

Losing a spouse because of someone else’s negligence is an immense tragedy for anyone to endure. While nothing can bring back a lost loved one, spouses do have the ability to pursue civil legal action by filing a wrongful death lawsuit against the party who should be held legally liable for the death.

What Instances Warrant A Wrongful Death Lawsuit?

In Pennsylvania, a wrongful death lawsuit may be filed when an individual’s death results from an act that would have justified a personal injury claim had the person survived.

A few examples include:

• An individual died because of medical malpractice. Medical malpractice can take many different forms. Perhaps a surgeon was negligent during a procedure, resulting in the incorrect surgery being performed on the patient. Maybe the patient was not properly monitored after undergoing a routine medical procedure. Maybe a doctor failed to correctly diagnose the patient in a timely manner.
• An individual died in a car accident that was due to negligence. If a victim is killed in a car accident, a wrongful death claim may be filed if it is proven that other parties acted negligently – driving while impaired, texting while driving, etc.
• An individual died after suffering from an injury in the workplace. Workplace injuries can occur in a variety of ways. If there was a faulty piece of equipment or proper safety precautions were not in place, a wrongful death lawsuit may be a viable legal option.
• An intentional act. A wrongful death lawsuit can even follow an intentional killing, such as the famous civil case against O.J. Simpson for the deaths of Nicole Brown Simpson and Ronald Goldman.

In all these cases, a wrongful death claim is a civil action (separate from any criminal prosecution) and focuses on compensating the surviving family.

Who Can File A Wrongful Death Claim In Pennsylvania?

Under Pennsylvania law, a wrongful death action must be filed by the personal representative (executor or administrator) of the deceased person’s estate.

That claim is filed on behalf of the eligible beneficiaries, which typically include:

• The surviving spouse
• Children
• Parents of the deceased

If no personal representative files the claim within six months of the death, any of the eligible beneficiaries may file the action themselves on behalf of all beneficiaries.

How Can I Prove Fault For My Wrongful Death Claim?

To hold someone else liable for negligence that caused your spouse’s death, four elements must be proven in the court of law: duty, breach of duty, causation, and damages.

• Duty refers to the notion that the defendant owed your spouse “due care.” For instance, if you lost your spouse because of a botched surgery, you can argue that the doctor failed to provide the appropriate and expected medical standard of care.
• Breach of duty is then addressed. Following the same example, you would need to prove that the doctor failed to perform the surgery competently.
• Causation involves proving that the defendant’s negligence caused the death of your spouse. For example, proof would be necessary to indicate that the mistakes made during the surgery were the cause of death.
• Damages in a wrongful death lawsuit are obvious, as an individual has already lost their life because of someone else’s negligence or intent.

While you may know that someone else is responsible for your spouse’s death, this is where it becomes important to receive assistance from an experienced wrongful death attorney. To make the strongest case possible, you need a lawyer who knows how to gather and present the necessary evidence to prove the legitimacy of your wrongful death claim.

Wrongful Death Vs. Survival Actions

Pennsylvania law distinguishes between wrongful death actions and survival actions, which are often filed together.

• A wrongful death action compensates surviving family members for their personal losses (financial and emotional) due to the death.
• A survival action continues the legal claim the deceased person could have brought if they had survived. It allows recovery for the deceased’s pain and suffering, medical expenses, and lost earnings before death.

It’s important to note that punitive damages cannot be awarded directly in a wrongful death action. Instead, they may be available under a survival action when the defendant’s conduct was willful, wanton, or malicious. An experienced wrongful death attorney will know how to pursue both claims strategically to maximize recovery.

What Type Of Financial Compensation Can I Receive?

As a spouse, you have the right to pursue legal damages in a wrongful death claim. The financial compensation you may seek can cover several different categories, including:

• Medical costs for your spouse that were associated with the fatal injury
• Pain and suffering that your spouse experienced before death
• Burial and funeral expenses
• Loss of your spouse’s income, both past and future
• Loss of companionship and love

How Are Wrongful Death Damages Distributed In Pennsylvania?

Under Pennsylvania’s Wrongful Death Act, any damages recovered are distributed according to the state’s intestate succession laws (the same laws used if a person dies without a will).

This means:

• If the deceased leaves a spouse but no children or parents, the spouse receives the entire recovery.
• If the deceased leaves a spouse and children, the spouse receives the first $30,000 plus half of the remaining balance, and the children share the rest.
• If there are no children but surviving parents, the spouse receives the first $30,000 plus half of the remainder, and the parents share the rest.

This ensures fair distribution among close family members who suffered the loss.

What Is The Statute Of Limitations For Wrongful Death In Pennsylvania?

In Pennsylvania, a wrongful death claim must be filed within two years of the date of death. If it is not filed within that time frame, the court may dismiss the case, regardless of its merits.

Because this deadline is strict, it’s important to speak with an attorney as soon as possible after the death to ensure your rights are preserved.

How Can I Get Started With A Wrongful Death Lawsuit?

If you have lost your spouse because of someone else’s negligence, the first step is to consult with a wrongful death lawyer who knows how to handle a case like yours. Regardless of how much you already know about what happened, you need an attorney by your side to guide you through the legal process correctly and efficiently.

Ross Feller Casey is among the nation’s top wrongful death law firms, having won numerous, record-setting results for our clients in such cases. While no dollar amount will take away all the pain you have experienced through losing your spouse, the compensation can help ease any financial burdens you may be experiencing. For a free case evaluation and more information on filing a wrongful death lawsuit, contact the professionals at Ross Feller Casey.