What Does Pennsylvania Consider A Wrongful Death?

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

After someone suffers a wrongful death, the court appoints a personal representative to “administer” the deceased person's estate. That administrator may file a wrongful death lawsuit on behalf of the deceased's beneficiaries. The law and the deceased person’s will, if they have one, may control who the personal representative and beneficiaries are. 

What Are Some Common Pennsylvania Wrongful Death Incidents?

Many wrongful death cases stem from the same sorts of 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 substance.

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

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, riding a bicycle, scooter, or motorcycle, and the driver of a car, including Uber and Lyft drivers, caused an accident or wreck, 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 may also have a case.

Why File A Pennsylvania Wrongful Death Lawsuit?

Filing wrongful death lawsuits is about far more than seeking financial compensation—it’s about justice, accountability, and closure.

Here’s why filing a wrongful death lawsuit is important:

• Hold Negligent Parties Accountable: A wrongful death lawsuit sends a clear message that reckless or negligent behavior is not okay and will not go without consequences. By pursuing legal action, you may prevent others from suffering similar losses in the future.
• Alleviate Financial Burdens: The unexpected loss of a loved one often leaves families facing mounting expenses, including medical expenses, funeral expenses, and the loss of future income and the family’s breadwinner. A successful wrongful death claim can provide financial relief to help a family rebuild.
• Pursue Justice For Your Loved One: Filing a wrongful death lawsuit ensures your loved one’s story is told, and the individuals or entities responsible are held accountable for their actions.
• Provide For Surviving Family Members: Compensation from a wrongful death case can offer critical support to the surviving spouse and dependents, covering educational needs, daily living expenses, and long-term financial stability. The Pennsylvania Wrongful Death Act determines who will be considered a beneficiary in a Pennsylvania wrongful death action.

By pursuing a Pennsylvania wrongful death claim, you honor your loved one’s memory and take steps toward healing while ensuring your family’s future is protected.

How Can I File A Wrongful Death Lawsuit In Pennsylvania?

If you think your loved one died due to a wrongful act, reach out to a wrongful death lawyer at Ross Feller Casey right away to help you navigate what to do next. Pennsylvania law has set a two-year statute of limitations on wrongful death lawsuits, so don't delay calling our team.

We can guide you, help you understand your rights and the legal process, and get your case started where applicable. Hiring an experienced wrongful death attorney can ultimately save your family time and money and shield your family from additional pain.

We have a national reputation for winning wrongful death cases and have won record-setting amounts of recoveries in these types of cases. A successful wrongful death lawsuit 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 on staff who help litigate our cases. 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. Contact one of the Pennsylvania wrongful death attorneys at Ross Feller Casey today to get started.