What Is Wrongful Death Under Pennsylvania Law?
Under Pennsylvania law, wrongful death occurs when a person dies as a result of another party's negligent, reckless, or intentional conduct. The Pennsylvania Wrongful Death Act allows certain family members to seek compensation for their losses when a loved one's death was caused by someone else's wrongful actions.
A wrongful death claim is a civil action, separate from any criminal charges that may be filed. Even if criminal charges are not pursued or do not result in conviction, you may still have grounds for a civil wrongful death lawsuit.
Common Causes of Wrongful Death
Our experienced Lancaster wrongful death lawyers represent families in cases involving various types of fatal accidents and negligence, including:
- Motor Vehicle Accidents: Fatal car, truck, motorcycle, or pedestrian accidents
- Medical Malpractice: Surgical errors, misdiagnosis, medication mistakes, birth injuries
- Workplace Accidents: Construction accidents, industrial injuries, equipment failures
- Defective Products: Dangerous or defective consumer products causing death
- Premises Liability: Fatal accidents on dangerous or poorly maintained property
- Nursing Home Neglect: Abuse or neglect of elderly residents
- Criminal Acts: Assaults, violent crimes, or security negligence
- Recreational Accidents: Boating, swimming pool, or sports-related fatalities
- Pedestrian and Bicycle Accidents: Fatal collisions with vehicles
- Drowning: Pool accidents, lake accidents, or water-related deaths
Who Can File a Wrongful Death Claim in Pennsylvania?
Pennsylvania law specifies who may file a wrongful death lawsuit. The personal representative of the deceased person's estate must file the claim on behalf of certain beneficiaries. Beneficiaries typically include:
- Spouse: The surviving husband or wife
- Children: Biological and adopted children of the deceased
- Parents: If there is no spouse or children
- Personal Representative: Of the deceased's estate
If you're unsure whether you have the legal standing to file a wrongful death claim, our attorneys can review your situation and explain your rights during a free consultation.
Pennsylvania's Survival Action
In addition to a wrongful death claim, Pennsylvania law allows for a "survival action" which seeks compensation for the pain, suffering, and expenses the deceased experienced between the time of injury and death. Our attorneys can help you pursue both claims to maximize your family's recovery.
Damages Available in Wrongful Death Cases
While no amount of money can replace your loved one, wrongful death claims provide compensation for the losses your family has suffered. Potential damages include:
Economic Damages
- Lost Financial Support: Income and benefits your loved one would have provided
- Lost Future Earnings: The value of earnings over their expected working life
- Medical Expenses: Bills for treatment before death
- Funeral and Burial Costs: Reasonable expenses for final arrangements
- Loss of Benefits: Pension, retirement accounts, insurance, healthcare
- Estate Administration Costs: Legal and administrative expenses
Non-Economic Damages
- Loss of Companionship: The value of the relationship with your loved one
- Loss of Consortium: The loss of spousal relationship and intimacy
- Loss of Parental Guidance: For children who lost a parent
- Mental Anguish: The emotional suffering caused by the loss
- Loss of Protection and Care: Services your loved one provided
Punitive Damages
In cases involving particularly egregious conduct, such as drunk driving or intentional harm, Pennsylvania courts may award punitive damages to punish the wrongdoer and deter similar conduct.
The Statute of Limitations for Wrongful Death Claims
Pennsylvania law imposes strict time limits for filing wrongful death claims. Generally, you have two years from the date of death to file a lawsuit. However, there are exceptions to this rule, and the specific deadline depends on the circumstances of your case.
Critical: Don't Delay
Missing the statute of limitations deadline means losing your right to seek compensation forever. Additionally, critical evidence can be lost over time. Contact our firm immediately to protect your family's legal rights and ensure evidence is preserved.
Why Choose Georgelis, Larsen & Sabatino for Your Wrongful Death Case
- Compassionate Service: We treat your family with the dignity and respect you deserve
- Extensive Experience: Decades of successfully handling wrongful death cases
- Proven Results: Millions recovered for families who lost loved ones
- Personal Attention: Direct access to your attorney, not just paralegals
- No Fee Unless We Win: No upfront costs or attorney fees unless we recover compensation
- 24/7 Availability: We're here whenever you need us
- Trial-Ready: Prepared to take your case to court if necessary
Contact Our Lancaster Wrongful Death Attorneys
If you've lost a loved one due to someone else's negligence or wrongful act, we're here to help. At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we understand the immense pain you're experiencing, and we're committed to fighting for justice on your family's behalf.
Contact us today at 717-394-3004 for a free, confidential consultation. We're available 24/7 to discuss your case. There's no obligation, and you pay nothing unless we win your case.
Let us shoulder the legal burden while you focus on honoring your loved one's memory and supporting your family through this difficult time.
