The loss of a child is one of the most devastating experiences any parent can live through. When that loss results from another party's negligence, recklessness, or intentional actions, the emotional toll is compounded by the pursuit of justice. In Pennsylvania, wrongful death laws provide a legal avenue for grieving parents to seek compensation and accountability. But what does the process entail, and are parents eligible for wrongful death benefits in Pennsylvania? This article explores the rights of parents, the eligibility criteria, and the legal framework governing wrongful death claims in the state.
Understanding Wrongful Death Claims in Pennsylvania
Pennsylvania law, under 42 Pa. C.S.A. § 8301, defines a wrongful death as a death caused by "the wrongful act, neglect, unlawful violence, or negligence of another." Essentially, wrongful death claims allow the family of the deceased to pursue compensation for losses caused by the passing of their loved one.
Wrongful death lawsuits can come from a variety of circumstances, including but not limited to:
- Motor vehicle accidents
- Medical malpractice
- Workplace accidents
- Criminal acts
- Defective products
The main reason for a wrongful death claim is to compensate the deceased's family for financial and emotional losses while holding the responsible party accountable.
Who Can File a Wrongful Death Claim in Pennsylvania?
In Pennsylvania, the law designates who is eligible to file a wrongful death claim. The initial right lies with the personal representative of the deceased's estate. If the personal representative does not file a claim within six months of the individual's death, other eligible beneficiaries, such as family members, may step forward to initiate the claim.
Eligible beneficiaries in a wrongful death case include:
- The deceased's spouse
- Children of the deceased
- Parents of the deceased
If the deceased does not have any children or a spouse, the parents may file the claim and become the sole beneficiaries of any damages awarded.
Can Parents Recover Wrongful Death Benefits in Pennsylvania?
Yes, parents can recover wrongful death benefits in Pennsylvania if they are deemed eligible beneficiaries under state law. Eligibility typically depends on the deceased's familial circumstances. For example, if the deceased had no surviving spouse or children, the parents automatically become the primary beneficiaries.
However, even in cases where other family members are also eligible, parents may still recover compensation if they have endured financial losses or emotional damages due to the death of their child. The courts consider various factors when evaluating these claims, including:
- Financial dependence: Whether the parents relied on the deceased for financial support.
- Relationship with the deceased: The strength and closeness of the parent-child relationship.
- Expenses incurred: Funeral and burial costs, medical bills, and other expenses directly tied to the death.
What Types of Damages Can Parents Recover?
Wrongful death benefits aim to compensate the family for the tangible and intangible losses associated with their loved one's death. In Pennsylvania, parents may recover the following damages in a wrongful death lawsuit:
- Economic Damages
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of the deceased's financial contributions
- Loss of household services (e.g., childcare, household chores)
- Non-Economic Damages
- Pain and suffering endured by the deceased before passing
- Loss of companionship and emotional support
- Emotional distress and mental anguish suffered by the parents
- Punitive Damages In cases of egregious misconduct, such as drunk driving or intentional harm, punitive damages may be awarded to punish the responsible party and deter similar actions in the future.
Time Limits for Filing a Wrongful Death Claim
In Pennsylvania, wrongful death claims must be filed within two years of the date of the individual's death, as outlined under the state's statute of limitations. Missing this deadline typically results in the forfeiture of the right to pursue legal action, making it essential for grieving families to act promptly.
Challenges Parents May Face in Wrongful Death Claims
While the legal process allows parents to seek compensation, wrongful death cases can be complex and emotionally challenging. Key hurdles may include:
- Proving liability: Establishing that the defendant's negligence directly caused the death.
- Valuing non-economic losses: Calculating the emotional impact of losing a child is subjective and requires compelling evidence, such as testimony from mental health experts.
- Shared fault arguments: If the defendant claims the deceased was partially responsible for their own death, the compensation may be reduced under Pennsylvania's comparative negligence laws.
Practical Steps for Parents Considering a Claim
If you're a parent navigating the aftermath of a wrongful death, taking these steps can strengthen your case:
- Gather evidence: Collect medical records, police reports, and witness statements that establish liability.
- Document expenses: Maintain records of funeral costs, medical bills, and other financial losses.
- Consult a wrongful death attorney: An experienced attorney can evaluate your case, explain your rights, and handle the legal complexities on your behalf.
Conclusion
The death of a child is an unimaginable loss, but Pennsylvania's wrongful death laws provide parents with a path to seek justice and recover damages. Whether the claim involves financial dependence, emotional suffering, or punitive damages, the legal system aims to hold negligent parties accountable and ease the burden on grieving families.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating a Wrongful Death Claim in Pennsylvania can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.