Grief over the loss of a loved one can be all-consuming. Sadness, anger, depression, loneliness, and even numbness – they are all common responses to losing a spouse, child, parent, sibling, or close friend. In the midst of your grief, the last thing on your mind is a personal injury lawsuit. However, even though it may not seem like it now, the compensation you can recover from a claim for damages may be the thing that stands between financial debt and financial freedom following the death of that beloved person due to the negligence of others.
At Munley Law, our compassionate Harrisburg wrongful death lawyers are deeply understanding of what you and your family are going through. We are here to protect your rights, to secure fair compensation for your losses, hold the responsible party accountable, and give you a sense of justice in the midst of your grief. Fill out our online contact form or call our experienced Harrisburg attorneys today for a free consultation.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought by the surviving eligible family members of a person who has died as a result of another person’s negligence or wrongful act. In Pennsylvania, these lawsuits are governed by the Wrongful Death Act.
According to the PA General Assembly, the surviving family members may file a wrongful death action against the negligent party or parties for the death of their loved one as long as the deceased individual did not bring actions for the same injuries during his lifetime that resulted in the recovery of damages.
What Types of Damages Are Available to Families in Wrongful Death Lawsuits?
Damages surviving family members may be allowed to recover in a wrongful death claim are:
- Medical expenses: Costs of medical treatment received by the deceased individual before their death. This includes hospital expenses, rehab, medications, nursing care, hospice, and other medical bills.
Funeral costs and burial expenses: These damages are related to the victim’s funeral expenses and burial costs. They may include the cost of the casket or urn, purchase of a burial plot, funeral services, flowers, and even the cost of transportation for the funeral.- Loss of income: This is compensation for the financial support the deceased person would have been expected to contribute to the household if he or she had survived. It includes compensation for housing, food, clothing, education, medical care, and even entertainment and gifts. It can also include what the deceased would have contributed inside of the home like child care, cooking, and cleaning.
- Expenses of administration: Costs related to managing the victim’s estate after their death.
- Loss of consortium: Loss of consortium refers to the loss of the companionship, society, love, affection, and sexual relations between a married couple. It is a legal concept that allows a surviving spouse to recover damages for the loss of these intangible aspects of their relationship.
- Punitive damages: In rare cases, punitive damages are awarded when the defendant‘s conduct is found to be particularly egregious, willful, or malicious. This means that the defendant acted with a reckless disregard for the safety of others or with a conscious intent to cause harm.
Funeral costs and burial expenses: These damages are related to the victim’s funeral expenses and burial costs. They may include the cost of the casket or urn, purchase of a burial plot, funeral services, flowers, and even the cost of transportation for the funeral.How Long Do I Have to File a Wrongful Death Lawsuit in Pennsylvania?
The time restriction to file a personal injury lawsuit of any kind, including a wrongful death lawsuit, is called the statute of limitations. In Pennsylvania, the statute of limitations for a wrongful death claim is two years from the date of the person’s death.
Common Types of Wrongful Death Cases
Vehicle Accidents
Motor vehicle accidents are a leading cause of injuries and wrongful death. When a driver’s negligence (like speeding, drunk driving, distracted driving, drowsy driving, etc.) causes a fatal accident, the surviving family members may sue the negligent driver (and all other liable parties) for the death of their loved one.
Medical Malpractice
Medical malpractice occurs when a healthcare provider breaches their duty and fails to provide reasonable care, resulting in the patient’s death. These errors can include delayed diagnosis, misdiagnosis, surgical mistakes, birth injuries, emergency room negligence, and more.
Defective Products
Defective products that pose a serious risk of injury or death can lead to wrongful death lawsuits. Manufacturers and sellers may be held liable if their products are unreasonably dangerous, defective, and cause consumers harm.
Premises Liability
Premises liability cases involve injuries or deaths that occur on another person’s property. Property owners have a duty to maintain a safe environment for visitors. If an unsafe condition on the property results in a fatal accident, the property owner may be liable in a wrongful death claim.
Who Can Sue for Wrongful Death in Harrisburg, PA?
According to Pennsylvania Code 2202, only a personal representative is legally able to file a wrongful death lawsuit after the death of the individual. If the family does not assign a representative, the court may appoint one.
While a personal representative must file the lawsuit, the beneficiaries will actually recover the compensation. Typically, the beneficiaries of a PA wrongful death lawsuit are the surviving spouse, children, and parents of the victim.
What Is the Difference Between Wrongful Death and Survival Action?
While these two claims are often brought about together, a survival action and a wrongful death claim are two separate legal actions.
A survival action seeks compensation for losses that the deceased individual incurred due to the accident that led to his or her death. It includes damages for medical expenses, lost wages, and property damage. A survival action is similar to a personal injury case – it is what the deceased person would have sued the negligent parties for if they had survived. Since the person can no longer bring a lawsuit, the surviving family may file one on their behalf.
How a Harrisburg Wrongful Death Attorney Can Help
Harrisburg wrongful death claims can be complicated, intimidating, and overwhelming. A Harrisburg wrongful death attorney will take the burden of the claims process off your shoulders. We will file your claim correctly and on time, conduct a thorough investigation of the case, develop a winning legal strategy, negotiate with insurance companies, and take your case to court if necessary.
Why Choose Munley Law?
Since 1959, the Munley wrongful death attorneys have been helping Pennsylvania families through their darkest times. Our personal injury lawyers have a proven track record of success, including a $17.5 million jury verdict for a teen’s death caused by a car accident.
Our lawyers are committed to providing compassionate, but effective legal representation for our clients. We understand we can’t change your situation. We can’t bring your loved one back. However, we can – and will – work around the clock making sure you get the justice you and your family deserve.
Contact a Harrisburg Wrongful Death Lawyer Today
If you lost a loved one due to another person’s negligence, don’t hesitate to contact Munley Law’s Harrisburg personal injury attorneys. During your free initial consultation, you’ll meet with a top Pennsylvania wrongful death lawyer who will assess your claim, lay out your legal options, and get to work on your case.
