Who Can File a Wrongful Death Lawsuit in Pennsylvania?

When a loved one passes on account of another person’s negligence, it comes as a terrible shock. Surviving family members might not know who can recover compensation from the liable party.

Fortunately, our firm can help you understand your rights during this difficult time. In general, close family members like spouses and children can seek justice and financial compensation through a wrongful death lawsuit. However, these cases tend to be some of the most complex, and you could be entitled to benefits if no close surviving family members exist. Our team has been litigating these challenging cases for years and can help you determine the full extent of your rights. We understand how Pennsylvania law will impact your case and, ultimately, your future.

For a free case assessment, contact our Philadelphia wrongful death lawyers at The Reiff Law Firm by calling (215) 709-6940.

Who is Allowed to File a Wrongful Death Lawsuit in Pennsylvania?

When someone dies because of the wrongful actions of another party, the surviving family members might be able to seek compensation through a wrongful death lawsuit under 42 Pa.C.S. § 8301.

Surviving Family Members

This type of lawsuit can be initiated by the beneficiaries of the estate, typically including the deceased’s spouse, children, or parents, depending on the family structure at the time of death. If the family is unwilling to file a lawsuit, the personal representative can act on their behalf to file it and seek compensation for the damages they suffered as a result of the wrongful death.

Personal Representative

If no next of kin exists to file a claim, the personal representative of the decedent’s estate is responsible for managing the legal affairs of the estate on behalf of its beneficiaries and can file a lawsuit in their absence.

The personal representative is typically named in the deceased’s will as the executor, or if there is no will, appointed by the court as the administrator of the estate. Our Pennsylvania wrongful death attorneys can help you understand how these rules impact your case.

The designation of a personal representative ensures that the lawsuit is managed by someone with the legal authority to make decisions on behalf of the estate and its beneficiaries.

Who Cannot File a Wrongful Death Case?

Generally, people who are not immediate family members or designated as a personal representative have no standing to file a wrongful death case. For example, if you are a close yet unrelated friend of the deceased person, you cannot file a wrongful death case, as difficult as that may be to accept.

However, if no immediate family members exist, you may contact an attorney to help have someone appointed as the personal representative of the deceased person’s estate so that a claim may be filed.

What is the Difference Between Wrongful Death Claims and Survival Actions in Pennsylvania?

In Pennsylvania, there are two distinct types of legal actions that can be brought after someone’s death: wrongful death and survival actions. Keep in mind that wrongful death and survival actions are separate legal claims, and they can be brought independently or together in the same lawsuit.

Wrongful Death Claims

Wrongful death claims are intended to compensate the surviving family members for losses they have suffered as a result of their loved one’s death. This can include things like loss of companionship, emotional distress, and financial support.

Survival Actions

On the other hand, survival actions are brought on behalf of the deceased person’s estate and are meant to recover damages that the person could have claimed if they had survived.

Under 42 Pa.C.S. § 8302, a survival action can seek compensation for a range of damages, including the pain and suffering the deceased person experienced prior to their death and lost earnings. This means that if someone died as a result of another person’s negligence or wrongdoing, their estate could still seek compensation for the harm that was done to them before passing.

Types of Benefits Available in a Pennsylvania Wrongful Lawsuit

The damages that can be recovered in a wrongful death lawsuit are diverse and can include various expenses or painful personal experiences related to the deceased’s passing.

Economic or Pecuniary Damages

A major component of many wrongful death claims is the monetary costs related to the deceased person’s passing. These expenses can cover medical and hospital bills, funeral and burial costs, and other related expenses.

Moreover, damages can also include the lost wages and benefits the deceased would have earned if they had lived, as well as any other financial support they would have provided to their family members. Calculating lost wages can be complex and requires the consideration of various factors, including the deceased person’s occupation, age, and earning potential.

Non-Economic Damages

Apart from financial compensation, a wrongful death lawsuit can also provide compensation for the loss of companionship and emotional support that the surviving family members have suffered because of the death. This compensation can cover the emotional pain and suffering, mental anguish, and other similar losses that the family members have experienced.

The specific types and amounts of damages that can be recovered in a wrongful death lawsuit depend on various factors, such as the nature and circumstances of the case, whether treatment was needed before your loved one’s passing, and the needs of the surviving family members.

Who is Eligible to Receive Damages in a Pennsylvania Wrongful Death Case?

Identifying the beneficiaries in Pennsylvania is a crucial step in the process.

Spouses, Children, and Parents

Primary beneficiaries typically include the victim’s surviving spouse, children, and parents. However, Pennsylvania’s intestacy laws, which govern the distribution of assets in the absence of a will, influence the specific distribution of compensation among these parties.

Intestacy laws often determine how wrongful death compensation is allocated among the beneficiaries. In most cases, distribution mirrors the scheme that would be followed if the deceased had died without a will. This means that the settlement is divided among the beneficiaries based on their statutory entitlements, which consider the familial relationship and dependency on the deceased.

Do Personal Representatives Receive Damages?

While the personal representative files the lawsuit, any compensation awarded is for the benefit of the deceased’s family members. This means that any damages awarded will be distributed to the beneficiaries of the estate, not the personal representative.

However, in many cases, the personal representative of the deceased’s estate is a close family member, such as a spouse or an adult child. As such, they may be entitled to damages as a primary beneficiary. However, if the personal representative is someone else, like an unrelated friend or more distant family member, they may not be entitled to damages unless otherwise specified in a will.

How the Statute of Limitations Impacts Your Pennsylvania Wrongful Death Lawsuit

In Pennsylvania, one of the most crucial aspects of wrongful death claims that needs to be considered is the statute of limitations. The statute of limitations is a law that describes the time limit within which a lawsuit must be filed. In Pennsylvania, the statute of limitations for filing a wrongful death claim is generally two years from the date of the person’s death.

If the lawsuit is not filed within the specified timeframe, the court might dismiss the case, and the survivors might lose the opportunity to receive the compensation they deserve.

FAQs About Who Can File Wrongful Death Claims in Pennsylvania

Can Family Members of a Deceased Person Sue for Wrongful Death?

Yes. Immediate family members, including spouses, children, and parents, may file a wrongful death lawsuit. More distant relatives or unrelated friends, no matter how close they are, typically cannot file a wrongful death case.

What if There Are No Family Members to File a Wrongful Death Case?

If there are no immediate family members who are eligible to file a wrongful death case, a personal representative of the deceased person’s estate may file the case. If you are unsure of who the personal representative is, talk to your attorney.

Who is the Personal Representative of a Deceased Person’s Estate for a Wrongful Death Case?

Personal representatives are often named in legal documents related to the deceased. Often, the deceased’s last will and testament names a personal representative, usually a family member or a very close friend. If there is no will or no personal representative is named, the courts may appoint one for the purpose of filing the case.,

Who May Receive Damages in a Pennsylvania Wrongful Death Lawsuit?

The primary beneficiaries in a wrongful death case consist of surviving spouses, children, and parents. Exactly how the overall damages are distributed among these parties depends on the extent of each party’s damages, and the court may decide in each case how to divide the compensation.

When Should Someone File a Wrongful Death Lawsuit in Pennsylvania?

Wrongful death cases must be filed no later than 2 years after the deceased person’s date of death. Remember, this timeframe does not run from the date your loved one was initially injured, but rather the day they actually passed away from their injuries.

What is a Survival Action and How is it Different Than a Wrongful Death Claim?

Survival actions are filed to claim damages suffered by the deceased person before they passed away. Their claims may survive their passing, and liable defendants may still have to pay damages to the deceased person’s estate. Survival actions may include various personal injury claims the deceased person could have filed themselves had they survived.

Our Pennsylvania Wrongful Death Lawyers Can Help You File Your Claim and Get the Compensation You Deserve

Contact The Reiff Law Firm at (215) 709-6940 for your free case review with our Allentown, PA wrongful death attorneys.