How Do Wrongful Death Cases Work?

While there isn’t any amount of compensation that can make up for losing a loved one, working with a supportive and experienced attorney to seek damages may help families deal with the financial burdens caused by the death.

Wrongful death lawsuits can be lengthy and complicated, each unique to the circumstances of the specific case. However, some aspects of wrongful death cases are the same across the board. How wrongful death is defined, what types of cases are considered wrongful deaths, who can file this type of lawsuit on behalf of a loved one, and for what types of damages are some of those aspects.

How Is Wrongful Death Defined?

Wrongful death is defined as a death that was caused by a wrongful act, neglect, or an intentionally harmful act of another. In some cases, wrongful death lawsuits are filed in addition to criminal cases, depending on the specific situation related to the death.

In most cases, the actions responsible for the death must be the same as those used to prove any other type of personal injury case – the same aspects that would have to be established if the deceased person had not died and could bring suit on their own behalf. Essentially, a wrongful death suit is one in which the injured party isn’t available to file their own lawsuit, so someone must do so on their behalf.

When Are Claims Considered To Be Wrongful Death Cases?

A wrongful death claim applies when a personal injury situation occurs, and the injured person dies as a result, either due to negligence or an intentionally harmful act on the part of the defendant. This can happen in a variety of circumstances, including:

• When a victim is killed intentionally. When a murder is committed, the defendant can be sued for wrongful death separately from any criminal case brought against them.
• When a victim dies due to medical malpractice. If a doctor misdiagnosed a condition, or was negligent in the level of care provided, and the patient died as a result, then a wrongful death claim can be made against the doctor.
• When a victim dies as the result of a car accident involving negligence. If a person dies due to an accident that was another person’s fault, a wrongful death claim may be filed.
• When a victim dies as the result of a defective product. When someone dies due to a faulty or malfunctioning product, it may be considered a wrongful death case.
• When a victim dies as a result of premises liability. When hazardous conditions exist on a property, and those conditions cause injuries that result in death, a wrongful death claim may be made against the property owner or manager.

The above are only a few examples illustrating how personal injury cases can become wrongful death lawsuits. Generally speaking, a wrongful death claim can arise anytime a personal injury occurs, and the victim dies.

Who Can File A Wrongful Death Lawsuit?

In Pennsylvania, wrongful death claims must be filed by the personal representative (executor or administrator) of the deceased person’s estate. If the decedent left a will, the personal representative is typically named there. If not, the court will appoint one.

The personal representative files the claim on behalf of eligible beneficiaries, limited by law to the spouse, parents, or children of the deceased. Extended family members such as siblings, aunts, uncles, or cousins are not permitted to act.

If the personal representative fails to bring the lawsuit within six months of death, any of the beneficiaries may file the claim instead, acting as a “trustee ad litem” for the group.

You may have cross-state considerations about your wrongful death case. It’s important to understand that if a wrongful death occurs in Pennsylvania but the deceased lived in another state (for example, New Jersey), the claim is still governed by Pennsylvania law. This includes who may benefit and how proceeds are distributed under Pennsylvania’s intestacy rules.

Wrongful Death Vs. Survival Actions in Pennsylvania

Pennsylvania law allows two distinct but related types of claims:

• Wrongful Death Action: Compensates surviving family members for their losses, such as funeral costs, medical bills, loss of financial support, household services, companionship, and emotional support.
• Survival Action: Brought by the estate to recover damages the decedent could have pursued if they had lived, including medical expenses, lost wages, and pain and suffering before death.

These actions are often filed together to ensure full recovery for both the estate and surviving family members.

Both wrongful death and survival actions must generally be filed within two years of the date of death. This differs from other personal injury claims, where the clock starts at the time of injury. Understanding this distinction is crucial, as missing a deadline can prohibit recovery entirely.

What Damages May Be Sought In Wrongful Death Lawsuits?

In a wrongful death case, the defendant may be required to pay damages to the deceased person’s estate that include:

• Funeral and burial costs
• Hospital and medical bills
• Estate administration costs
• Lost salary and benefits – typically, these damages include future earnings that the individual would have earned had they lived
• Compensation for the loss of comfort that the deceased person provided includes the provision of physical comforts and services, as well as moral support, comfort, and guidance
• Compensation for pain and suffering

Pennsylvania law does not cap compensatory damages (economic or non-economic) in wrongful death or survival cases. The state constitution prohibits limiting economic damages.

How To Find Help For Your Wrongful Death Lawsuit

Wrongful death lawsuits are often very complicated and may take a long time to settle or litigate. You need an experienced, compassionate wrongful death attorney to represent you and your family.

At Ross Feller Casey, our wrongful death attorneys have successfully handled these types of cases for grieving families. While no financial recovery can erase the pain of your loss, easing the financial burden can bring security for your family’s future.

We handle wrongful death cases on a contingency basis, meaning you pay no fees unless we win or settle your case. Contact the offices of Ross Feller Casey today for a free, confidential consultation.