Under Pennsylvania law, A legally actionable wrongful death occurs when a person loses their life due to another's wrongful act, negligence, or unlawful violence. While the law provides a route to financial recovery for certain survivors, it also limits recovery. If the injured party already received restitution before they passed, the wrongful death lawsuit cannot be brought.
While financial recovery can never replace your loved one, it can help family members move forward. Wrongful deaths can be sudden and frequently leave family members with the exorbitant medical debts of the deceased.
The entire situation is terrible, but the increased financial burden makes it worse. A wrongful death lawsuit helps families recover financially without having to shoulder the burden of medical debt or loss of income resulting from the death of their loved ones.
Who May Bring Wrongful Death Lawsuits?
When a loved one passes as a result of the negligent or wrongful acts of another, only certain individuals are allowed to bring a wrongful death lawsuit according to state law. A wrongful death lawsuit may be brought only to benefit the victim's spouse, children, or parents. Accordingly, only the executor or personal representative of the estate may bring the lawsuit.
If the court rules in favor of the victim's surviving beneficiaries, they will receive the funds in accordance with PA estate law. In some circumstances, special damages may be awarded. Special damages include medical expenses incurred as a result of the injury, as well as funeral expenses and expenses resulting from the administration of the victim's estate.
Finding the Right Attorney for a Wrongful Death Lawsuit
Wrongful deaths can result from medical malpractice, car accidents, physical assault, or other negligence or misconduct. When you look for an attorney, they need to have experience with wrongful death lawsuits. Wrongful death lawsuits require an understanding of what circumstances trigger the statute allowing for a Death action and who may bring the lawsuit. The law is nuanced, and those who hire an experienced attorney will move through the process more effectively and efficiently.
D'Intino Law Firm knows that bringing a wrongful death lawsuit is a burden that no one should have to bear alone. If your loved one suffered death due to another's wrongdoing or negligence, contact our office at 267-491-9111 today for a free consultation.