Losing a family member because of someone else’s negligence often leaves you with unanswered questions. You may be unsure whether a wrongful death claim applies, who is allowed to file, or what to expect when speaking with a lawyer. Asking the right questions during an initial consultation can help you evaluate your options and decide how to proceed.
Below, the wrongful death attorneys at Munley Law outline common questions families ask when speaking with a wrongful death lawyer for the first time.
There is no fee unless your case results in a recovery.
There is no fee unless we win your case.
Do I Have a Valid Wrongful Death Claim?
Ask whether the circumstances surrounding the death meet the legal requirements for a wrongful death claim. In general, these claims involve a death caused by another party’s negligence, recklessness, or misconduct.
A lawyer can explain whether the facts meet the basic requirements of wrongful death law and how state statutes define liability.
Because wrongful death laws are governed by state law, the location of the incident and the parties involved can affect how a claim is evaluated.
Who Is Allowed to File a Wrongful Death Claim?
Ask who has the legal right to bring a wrongful death claim. Many states give priority to a spouse, children, or parents. In some situations, the personal representative of the estate may be permitted to file on behalf of eligible beneficiaries.
If your situation involves extended family members, financial dependence, or an unmarried partner, ask how eligibility is determined under the applicable law.
What Types of Incidents Commonly Lead to Wrongful Death Claims?
Ask whether the type of incident involved in your case is commonly addressed through a wrongful death claim. These cases often arise from:
- Truck accidents
- Car accidents
- Bus accidents
- Medical malpractice
- Workplace accidents
Public health data on fatal injury statistics helps illustrate how often preventable incidents result in death across the United States.
Some families want more information about how wrongful death claims arise from specific types of incidents. You can learn more about fatal accidents involving, fatal car accidents, fatal truck crashes, and medical negligence resulting in death on our national practice pages.
What Should I Ask About Compensation in a Wrongful Death Case?
Ask how compensation is evaluated and which categories of damages may apply to your situation. The types of damages available and who may receive them depend on state law and the specific facts of the case.
A lawyer should explain:
- Which losses may be considered financial
- Which losses relate to personal and family impact
- How income, benefits, and long-term support are evaluated
- Whether more than one type of claim affects compensation
You can review a more detailed discussion of damages on our national wrongful death page, and use your consultation to focus on how those principles apply to your family.
Wrongful Death Trial (if Necessary)
If settlement isn’t possible, the case proceeds to trial. Both sides present evidence and arguments, and a judge or jury decides whether the defendant is liable and, if so, how much compensation should be awarded.
What Are Examples of Wrongful Death Incidents?
A wrongful death occurs when someone else’s negligent behavior causes your loss. These can happen in a wide range of situations. The most common causes we see include:
Wrongful death can also result from an unsafe product like a medication or piece of equipment. Some deaths occur when the at-fault party is committing a crime, tangling your civil wrongful death case with a criminal trial against the perpetrator. With the right background and experience, your wrongful death attorney can examine how best to use those criminal charges and evidence to present your wrongful death claim more forcefully for success.
What Could My Wrongful Death Claim Be Worth?
Every case is unique, both in its details and its final value. Yet, part of your wrongful death lawyer’s job is gathering documentation for every possible expense and calculating what the full claim is worth. It can range from a few thousand dollars to millions, but a skilled attorney will work to get as much as possible for a satisfactory settlement.
Depending on the circumstances of the case, you could request compensation for the following items:
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All medical costs before your loved one died, including ER, ICU, and surgical care
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Funeral and burial expenses, including recovery and transportation fees
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Lost wages and benefits the deceased provided for beneficiaries
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Loss of the loved one’s care, companionship, comfort, and guidance
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Loss of financial security for the decedent’s dependents
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The deceased’s pain and suffering before death
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Loss of inheritance for children and others
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Loss of services provided by the deceased, such as home care and childcare
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Pain and suffering for the survivors
Some of these are economic losses that come with a specified amount, and others are less tangible. Your attorney can use special formulas to determine the value of emotional anguish and grief to make sure you receive financial relief for the toll these take on your lives.
Who Has the Right to File a PA Wrongful Death Claim?
Every state differs in the types of survivors who can file, but in Pennsylvania, only the surviving spouse, children, or parents of the deceased are eligible to take legal action. If three months have passed since the death without any survivor filing a claim, the personal representative for the decedent’s estate can file a claim to recover certain damages.
Exceptions to this statute include any person who can demonstrate they had a substantial dependency on the deceased and potentially unmarried partners. If you are named in the person’s will as their beneficiary, but you weren’t married, you could file a claim on behalf of the estate. This could allow you to receive compensation from the at-fault party.
Who Receives the Money From a Wrongful Death Settlement?
In Pennsylvania, the money from a wrongful death settlement is distributed according to the state’s Wrongful Death Act and intestate succession laws.
The order of who gets the money in a wrongful death settlement goes as follows:
Spouse and Children
- If there is a surviving spouse and children, the spouse receives the first $30,000 plus half of the remaining settlement, and the children split the other half.
- If there is a spouse but no children, the spouse inherits everything.
- If there are children but no spouse, the children divide the settlement equally.
Parents
- If the deceased had no spouse and no children, the parents can recover the settlement proceeds.
Other Relatives
- If there are no surviving spouse, children, or parents, the settlement may go to more distant relatives under Pennsylvania’s intestacy laws.
In rare instances, only grandchildren may survive the loved one. They can secure part or all of the compensation in the right circumstances. If this applies to you, be sure to discuss it with your wrongful death lawyer.
Can a Judge Determine Who Gets the Money?
If both parties cannot come to an out-of-court settlement, your case may go to trial and be subject to a judge’s ruling on how to divide the compensation. The judge may follow the existing law, but they do have leeway to adjust the division amongst eligible parties in certain instances.
For example, they may consider the relationship between the deceased and the children. If one adult child is estranged from the parent and there are others who are minors, the judge may award a larger share to the younger children. They will also consider the emotional and financial dependency for each beneficiary and whether any beneficiary has already made contributions to the funeral or medical expenses.
What Kind of Claim Do I File After a Wrongful Death?
If your loved one died immediately from negligence or misconduct by others, you are most likely going to file a wrongful death action. If they survived for a while after the incident, then passed away, your wrongful death lawyer may recommend filing a survival action. Both types of cases seek to recover compensation for remaining family members after their loss.
A wrongful death claim is for losses and damages the surviving family members suffer as a result of the death. A survival action acts as an extension of any personal injury lawsuit the deceased did file (or could have filed if they had lived) to recover all the family’s losses, as well as the medical and other costs the loved one incurred before death. Your wrongful death attorney can assess your circumstances during your initial consultation and help you determine the right type of claim.
How Much Time Do I Have to File a Wrongful Death Claim?
Like any type of personal injury action, a wrongful death claim is subject to Pennsylvania’s statute of limitations, which only gives you two years to file your lawsuit. The clock begins on the day of the person’s death, although there may be some circumstances that could shorten or lengthen the deadline.
Building a powerful case, negotiating for a fair settlement, and litigating your claim in court all take weeks, months, or even years. If you take too long to bring your claim, you could make it too difficult for any lawyer to manage your case in the way it deserves. To make sure your attorney has enough time to investigate and prepare your case, you should contact them as soon as possible to discuss the details.
What if the Other Side Claims My Loved One Was at Fault for Their Death?
Unfortunately, as hard as your lawyer will fight for your interests, you can expect the other side to fight just as hard for theirs. They may use many laws against your claim, such as insisting that they should not have to pay because your loved one was partly or fully to blame for their death. Under Pennsylvania’s modified comparative negligence law, they could have legal standing.
This statute does not allow claimants to seek damages if they are more than 50% at fault for the injury. Consider an example of a car accident where your family member crossed the road against the pedestrian light and was killed by a speeding drunk driver. Although the drunk driver who disobeyed the speed limit is clearly to blame for the death, the court may find your family member was partly at fault for crossing illegally.
This can seem like an unnecessary insult to your devastating loss, but a highly skilled wrongful death attorney will work hard to show the extreme difference between each side’s actions. They will make every effort to minimize any fault on your side and demonstrate how the other side must pay for their wrongdoing.
Contact Munley Law to Learn More
We know that no amount of compensation will ever replace what your loved one meant to you, but we are ready to represent you in a wrongful death claim. Use our online form and contact us to arrange a free consultation to discuss your case today.
