No amount of money can bring back a family member or loved one who dies. But if your loved one was killed due to someone else’s negligence, compensation through a wrongful death action can hold the defendant accountable.
Additionally, the sudden loss of a loved one often results in significant financial difficulty. Along with paying for funeral and medical expenses, perhaps you relied on that loved one’s income to help pay your household expenses.
The mental and emotional toll of the death could also cause you to miss work or seek costly treatment, while the loneliness of missing your loved one could be something you never recover from.
What is a wrongful death?
A wrongful death claim can provide you with compensation for these and other losses. Wrongful death in Pennsylvania is generally defined as a death caused by the negligence, recklessness or illegal action of someone else.
The legal concept of wrongful death is essentially the same as a personal injury action, with the only difference being the person who was injured has died and so cannot bring the claim themselves.
Who can file a wrongful death claim
Typically, only the personal representative of the person who died can bring the wrongful death claim. A personal representative is assigned in a will or appointed by the court and is responsible for administering your loved one’s estate.
The wrongful death claim must be filed by the personal representative within six months of the death. If it is not, you or anyone else who can recover compensation may file the claim.
Common forms of compensation
Burial and funeral expenses, loss of income, loss of your loved one’s support and companionship and mental anguish and common damages you can recover in a wrongful death claim.
A wrongful death action is different from a survival action. While compensation in a wrongful death action focuses on the victim’s family members, compensation in a survival action focuses on the victim’s losses, such as medical bills and pain and suffering from the time of injury to their death.