In a wrongful death case, certain family members have the right to file a lawsuit. Usually, it’s the deceased’s spouse, children, or parents. If there are no surviving spouses, children, or parents, the right may transfer to other specified beneficiaries, like siblings or grandparents. Sometimes, a person appointed to handle the deceased’s estate can also file the lawsuit on behalf of the family.
In Reading, Pennsylvania, wrongful death happens when someone passes away because of someone else’s carelessness or harmful actions. Let’s say, for example, that a person dies in a car accident caused by another driver’s negligence; their family might be able to file a wrongful death lawsuit to seek compensation for things like medical bills and funeral costs.
What is Wrongful Death in Reading?
Under 42 Pa.C.S.A. Section 8301 of the Pennsylvania Code:
An action may be brought, under procedures prescribed by general rules, to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during his lifetime and any prior actions for the same injuries are consolidated with the wrongful death claim so as to avoid a duplicate recovery.
Some common wrongful death examples in Reading, PA, include:
Car Accidents: If someone is killed in a car crash caused by another driver’s careless or reckless behavior, such as speeding or driving under the influence of alcohol or drugs.
Medical Malpractice: If a healthcare provider’s negligence or medical error results in a patient’s death, such as a surgical mistake or failure to diagnose a serious condition, it could be grounds for a wrongful death lawsuit.
Defective Products: If a defective product, such as a faulty airbag or contaminated food, causes someone’s death, the manufacturer or seller could be liable for wrongful death.
Workplace Accidents: If someone dies due to unsafe working conditions or employer negligence, such as a construction site accident or a fatal fall.
Violent Acts: If someone is killed as a result of intentional violence, such as assault or homicide, the perpetrator may be held accountable for wrongful death in addition to facing criminal charges.
Who is Eligible to File a Wrongful Death Lawsuit?
In Reading, certain family members or representatives of the deceased have the right to file a wrongful death lawsuit. This is often called “legal standing,” meaning who has the right to bring the lawsuit.
Here’s who typically has the legal standing to file a wrongful death lawsuit:
Immediate Family Members: This usually includes the deceased person’s spouse, children, and parents.
Dependents: In some cases, other dependents of the deceased may have the right to file a lawsuit. This could include anyone who relied on the deceased for financial support, like a partner who wasn’t legally married to the deceased but depended on them financially.
Personal Representative of the Estate: If the deceased person had a will, they may have named a personal representative or executor of the estate to handle their affairs after they pass away. The court might appoint someone to fill this role if the deceased didn’t have a will. The personal representative can file a wrongful death lawsuit on behalf of the deceased’s estate and the beneficiaries, which could include the immediate family members mentioned earlier.
It’s important to understand that not just anyone can file a wrongful death lawsuit. Only those directly impacted by the death, either emotionally or financially, have the legal standing to bring a lawsuit. This helps ensure that the lawsuit is brought by those who have the closest connection to the deceased and are most affected by their loss.
The Right of Recovery in Wrongful Death Claims
Who has the Right of Recovery: The right of recovery typically belongs to certain family members or beneficiaries of the deceased. This often includes a spouse, children, and parents.
In some cases, other dependents or beneficiaries named in the deceased’s will or designated by the court may also have the right to recover damages.
Wrongful Death Claims and Survival Claims: In wrongful death claims, the focus is on the losses suffered by the family as a result of the death. This could include financial losses like medical expenses and lost income, as well as emotional losses like pain and suffering and loss of companionship.
On the other hand, survival claims focus on the damages that the deceased suffered before they passed away. This could include things like medical expenses, pain and suffering, and lost wages that the deceased would have been entitled to if they had survived their injuries.
In essence, wrongful death claims seek compensation for the losses suffered by the family because of the death. In contrast, survival claims seek compensation for the losses suffered by the deceased before they passed away.
What is a Survival Action in Reading?
In Reading, a survival action is a legal claim that allows the estate of a deceased person to pursue compensation for damages suffered by the deceased before their death. Under § 8302 of the Pennsylvania Code:
All causes of action or proceedings, real or personal, shall survive the death of the plaintiff or of the defendant, or the death of one or more joint plaintiffs or defendants.
In other words, a survival claim arises when someone suffers injuries or damages but dies before having a chance to bring a personal injury lawsuit. In such cases, the right to pursue compensation “survives” the person’s death and is transferred to their estate.
The purpose of a survival claim is to allow the estate to seek compensation for the harm suffered by the deceased, including medical expenses, pain and suffering, and lost wages or earning capacity.
Complementing Wrongful Death Lawsuits
While wrongful death lawsuits focus on the losses suffered by the deceased’s family as a result of the death, survival claims focus on the damages suffered by the deceased person before they passed away. By allowing both types of claims, the legal system aims to provide comprehensive compensation for all the losses incurred as a result of the wrongful conduct that led to the person’s death.
Survival claims and wrongful death lawsuits often work together to ensure that justice is served and that those affected by the wrongful conduct are fairly compensated. While survival claims seek to compensate the deceased for the harm they suffered, wrongful death lawsuits seek to compensate the family for the losses they experienced as a result of the death.
These legal actions help hold responsible parties accountable for their actions and provide financial support to those harmed.
Compensation in Wrongful Death Lawsuits
In wrongful death lawsuits, compensation is awarded to the surviving family members or beneficiaries of the deceased person. There are different types of compensation, which cover both financial and emotional losses:
Economic Damages: These damages are quantifiable financial losses resulting from the wrongful death. They typically include:
- Loss of financial support: Income, wages, and financial contributions the deceased would have provided to their family had they not died.
- Medical and funeral expenses: Medical bills incurred due to the injury leading to death and the costs associated with the funeral and burial arrangements may be covered.
- Loss of benefits: Surviving family members may be entitled to compensation for the loss of benefits, such as health insurance or retirement benefits, that they would have received if the deceased had not passed away prematurely.
Non-Economic Damages: These damages are more subjective and address the emotional and intangible losses suffered by the surviving family. They may include:
- Pain and suffering: Compensation for the physical pain and emotional distress endured by the deceased before their death and experienced by their loved ones as a result of the loss.
- Loss of companionship and consortium: This refers to the emotional support, guidance, and companionship the deceased would have provided to their family members if they had not died.
Punitive Damages: Punitive damages aren’t as common as other types of compensation in wrongful death cases. They’re typically awarded in cases where the negligent party’s actions were particularly egregious, reckless, or intentionally harmful. Punitive damages punish the responsible party for the victim’s death and aim to deter similar actions in the future.
Why Should You Hire a Reading Wrongful Death Attorney?
Hiring a Reading wrongful death attorney is essential because they’re experts in navigating legal complexities. They offer support, investigate the circumstances surrounding the death, represent your interests, and work to maximize the compensation you deserve.
Seek legal counsel promptly after your loved one’s passing to ensure vital evidence is preserved and deadlines are met.
How Long Do You Have to File a Wrongful Death Claim?
Pennsylvania has a deadline, known as the statute of limitations, for filing a wrongful death claim. This means you must act within a specific timeframe after your loved one’s passing.
Typically, in Pennsylvania, you have two years from the date of death to file a wrongful death lawsuit.
It’s important to act quickly and file within this time frame. You might lose your right to seek compensation if you miss the deadline. Plus, gathering evidence and building a case takes time, so waiting too long could make it harder to prove your claim.
Contact Our Reading Wrongful Death Attorney Today
Understanding wrongful death claims in Pennsylvania is crucial if you’ve lost a loved one due to someone else’s actions. It’s important to know your rights and the legal steps you can take to seek justice and compensation for your family.
If you’re unsure about what to do or have questions about your situation, don’t hesitate to contact a Reading wrongful death lawyer at Munley Law Personal Injury Attorneys today for a free consultation. We’re experts in this area of law and can provide you with the guidance and support you need during this difficult time.
Remember, you don’t have to navigate the legal process alone. Seeking professional legal advice can make a big difference in the outcome of your case.
Contact Munley Law’s experienced wrongful death attorneys today to learn more about your options and how we can help you.
Munley Law Personal Injury Attorneys
606 Court St.
Reading, PA 19601
(610) 831-4234
