When someone loses their life because of another person’s carelessness or wrongdoing, the surviving family members might be able to file a wrongful death claim. It is essential to understand what this type of action is, who can file it, and how it can help.
What Is a Wrongful Death Action?
A wrongful death claim is a type of lawsuit filed when someone dies as a result of another person’s actions, whether it was an accident, negligence, or intentional harm. The purpose of a wrongful death claim is to help the surviving family members recover financially after losing their loved one.
This type of legal action can cover various financial burdens that families face following the sudden and unexpected loss of a loved one. It is not about punishing the person responsible, as that’s what criminal charges are for. Instead, it is about making sure the family isn’t left struggling financially.
Who Can File a Wrongful Death Claim in Pennsylvania?
In Pennsylvania, not just anyone can file a wrongful death claim. Only certain people are allowed to do so, and there are specific rules about how the process works.
- The Personal Representative of the Estate – In Pennsylvania, wrongful death actions are filed by the personal representative of the deceased’s estate. This is usually someone who is named in the will, or if there is no will, the court may appoint a representative. This person is responsible for handling the legal matters of the estate, including filing a wrongful death lawsuit.
- Surviving Family Members – If the personal representative fails to file a claim within six months of the death, the surviving family members can file the lawsuit themselves. The family members who can file include the surviving spouse, any surviving children, and possibly the parents of the deceased person.
It’s important to file a wrongful death lawsuit within two years of the person’s death, or the family may lose their right to seek compensation.
What Can You Recover in a Wrongful Death Claim?
Surviving family members can use wrongful death claims to recover many different types of damages. Some of the most common include:
- Funeral and burial costs – The cost of laying a loved one to rest can be challenging to deal with, and a wrongful death claim can help cover these expenses.
- Medical expenses – If the person had any medical bills from the accident or injury before they passed away, these costs could be recovered.
- Lost wages – The family can seek compensation for the income the decedent would have brought home from work had they lived. This can help to support the family financially moving forward.
- Loss of companionship – Family members may also be compensated for the emotional impact of losing their loved one.
Get Help with Your Wrongful Death Claim
At SMT Legal, our wrongful death lawyers have extensive experience serving bereaved families in Pittsburgh, PA, and other surrounding areas. We are here to pursue fair compensation for your family and guide you through the legal process. Get started with a consultation today.
