What Does Pennsylvania Consider A Wrongful Death?


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The state of Pennsylvania considers a person's death to be "wrongful" when the individual died because of a wrongful or neglectful act, unlawful violence or negligence of another person, according to Title 42, Chapter 83 of the Pennsylvania General Statutes, Section 8301

The personal representative of the deceased person's estate may file a wrongful death lawsuit on behalf of the deceased beneficiaries.

What Are Some Common Wrongful Death Incidents In Pennsylvania?

Many wrongful deaths lawsuits stem from similar catastrophic injuries brought by living victims in personal injury lawsuits. Some of the most common wrongful death incidents include medical malpractice, nursing home deaths, car accidents, vehicle-bicycle or pedestrian accidents, workplace accidents, or exposure to a defective product or dangerous substances.

In medical malpractice suits, the family claims the error or neglect of a doctor, nurse, or medical staff caused the death of their loved one. These errors can happen during intake, surgery, or during the general care of your loved one. Similarly, in nursing home deaths, the claim would state your loved one died because of an error, neglect, or even violence of a nursing home staff member.

In a car accident, if the defendant was drunk, speeding, improperly changed lanes, texting, or driving recklessly, and your loved one died as a result of the accident, you may have a case. Similar to car accident wrongful death cases, if your loved one was on foot or riding a bicycle and the driver of a car erred, resulting in their death, you can bring a wrongful death suit.

In workplace injuries, if a third party negligently created an unsafe environment, and your loved one died, they can be held accountable.

If your loved one died due to the use of a dangerous product, such as prescription drugs, defective medical devices, or a consumer product that was recalled or had a safety warning, you might also have a case.

How Can I File A Wrongful Death Lawsuit In Pennsylvania?

If you think your loved one died a wrongful death, reach out to the experienced legal team at Ross Feller Casey right away to help you navigate what to do next. There is a two-year statute of limitations on wrongful death lawsuits in Pennsylvania, so you must call our team right away.

We can guide you and help you understand your rights and the legal process, as well as get your case started where applicable. Hiring a wrongful death attorney can ultimately save your family time, money, and shield your family any excess additional pain.

We have a national reputation for winning wrongful death cases and have won record-setting amounts of recoveries in these types of suits. These damages can help you pay for your loved one's funeral, medical expenses, pain and suffering, and more.

We have a team of top Ivy League trained doctors right on staff who help litigate our cases. And we handle all wrongful death lawsuits on a contingency basis, so you won't have to pay a thing unless we win a financial recovery on your behalf.

Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.