Pennsylvania Wrongful Death Lawyer

There is never a good time to lose a loved one. When a loved one dies because of someone else’s negligence, the suddenness of the loss is oftentimes unbearable. When a person dies from their injury following the negligent act or omission of another, survivors and close family members, are able to bring an action against the negligent party under Pennsylvania’s wrongful death statute.

A Pennsylvania wrongful death lawyer provides legal advice and guidance to the surviving family members to pursue any claim the deceased person may have against the negligent party and bring forth an additional action for wrongful death. When you are ready, reach out to a compassionate personal injury attorney.

Like all personal injury actions, the time to file a claim against the negligent party is two years from the date of the injury or accident.

Survivor Actions in Pennsylvania

When a person dies from their injuries following an accident, any claims the deceased person may have against a negligent party can continue based on Pennsylvania’s survivor action statutes. This is true even if the negligent party dies.

All causes of action survive the death of the injured party by the negligent actor. The focus of the lawsuit changes in survivor actions and compensation is awarded due to the injury not the death of the deceased person.

Pain and suffering between the time of injury and the death of the injured party are recoverable. Any award or payment made by the defendant or negligent actor is recovered by the decedent’s estate. The estate of the decedent sues on behalf of the estate and is permitted by law to advance any claims the decedent could have pursued but for their untimely death. For more information, consult with a wrongful death lawyer in Pennsylvania.

Wrongful Death Cause of Action

A wrongful death claim is an additional claim that attaches to the original incident or accident. Wrongful death claims only arise when the injured party dies because of the negligent incident or accident. Pennsylvania’s wrongful death statute gives beneficiaries a right to bring a claim or cause of action against a negligent actor for the pecuniary loss suffered by the beneficiaries because of the decedent’s’ death.

The beneficiaries can recover reasonable hospital, nursing, medical and funeral expenses related to the death of the injured relative. While children can recover the loss of companionship, comfort, society, or guidance of a parent that dies. The parents, however, are not able to recover these types of damages from the negligent actor when their child dies.

Both the parents and children of the deceased are unable to recover punitive damages, damages for loss, suffering of the deceased or mental suffering of the survivor(s). The only relief is for pecuniary losses, or damages that can be quantified in monetary terms.

A Pennsylvania Wrongful Death Attorney Could Help

Help is only a phone call away. If you have lost a parent, spouse or child because of someone else’s negligence in Pennsylvania, contact a wrongful death attorney to protect your rights and preserve any claims your loved one’s estate may have against the wrongdoer.

In addition to a survivor action, the beneficiaries or family members can recover compensation from a wrongful death action against the negligent actors. Schedule a comprehensive case review with a Pennsylvania wrongful death lawyer today.