A wrongful death claim offers families in Pennsylvania a path to justice and financial recovery, holding perpetrators accountable through civil courts, even if criminal justice falls short.
When a loved one is murdered, the emotional toll is overwhelming. Alongside seeking criminal justice, families often explore civil remedies, including wrongful death claims. While murder cases are handled through the criminal system, wrongful death claims operate under civil law, allowing surviving family members to pursue compensation for their loss. Below, we explain how these two processes coexist and what families in Pennsylvania need to know.
What is a Wrongful Death Claim?
In Pennsylvania, a wrongful death claim allows family members or dependents of the deceased to seek damages if the death resulted from someone else's negligent, reckless, or intentional actions. This type of lawsuit compensates survivors for both financial and emotional losses.
Who Can File a Wrongful Death Claim in Pennsylvania?
Pennsylvania law outlines who can file a wrongful death claim. The following parties are typically eligible:
- Spouses
- Children
- Parents of the deceased
- Personal representatives of the decedent's estate
If no direct family member initiates a wrongful death claim within six months of the death, the estate's executor or administrator may file on behalf of the family.
Key Differences Between Criminal Murder Cases and Wrongful Death Claims
Although wrongful death lawsuits may arise from the same event as a criminal case, they serve different purposes:
- Purpose: Criminal cases aim to punish the offender with imprisonment or fines, while wrongful death claims seek financial compensation for the family's losses.
- Burden of Proof: Criminal trials require proof "beyond a reasonable doubt." In wrongful death claims, the plaintiff only needs to demonstrate liability by a "preponderance of the evidence," meaning it is more likely than not that the defendant was responsible.
- Outcome: Criminal cases can result in prison sentences or fines, while successful wrongful death claims provide monetary compensation to the family.
A relevant example is the case of Michael Jackson's doctor, Conrad Murray. Although Murray was convicted of involuntary manslaughter in the pop star's death, Jackson's family also pursued civil action. The civil lawsuit underscored that families can seek compensation even when criminal proceedings are complete.
How is Murder Related to Wrongful Death in Pennsylvania?
Murder is treated as an intentional act that qualifies as wrongful death under Pennsylvania law. Since wrongful death claims address deaths caused by intentional or reckless behavior, murder automatically meets this threshold. Even if the defendant is acquitted in a criminal trial, families can still pursue civil lawsuits to hold the perpetrator accountable. This dual path provides families with another avenue to seek justice and financial relief.
What Damages Can Be Claimed?
Survivors in Pennsylvania can pursue several types of damages through a wrongful death claim:
- Economic Damages:
- Lost wages and benefits the deceased would have contributed
- Funeral and burial expenses
- Medical costs associated with the deceased's final care
- Non-Economic Damages:
- Loss of companionship, guidance, and emotional support
- Pain and suffering experienced by the family
- Emotional distress resulting from the death
- Punitive Damages:
- If the murder involved particularly egregious behavior, courts could award punitive damages to punish the offender.
Can a Wrongful Death Claim Proceed Without a Criminal Conviction?
Yes, in Pennsylvania, a wrongful death lawsuit can move forward regardless of whether the defendant is convicted in a criminal trial. Since civil cases require a lower standard of proof, families may still prevail in holding the defendant liable.
Even if the criminal case ends in an acquittal, the wrongful death claim provides families with a chance to seek justice and financial recovery. In some situations, new evidence uncovered during the civil trial may bolster the family's case.
Statute of Limitations for Wrongful Death Claims in Pennsylvania
In Pennsylvania, the statute of limitations for filing a wrongful death claim is two years from the date of death. However, there are a few exceptions:
- Discovery Rule: If evidence emerges after the statute of limitations has expired, an extension may be granted.
- Minors' Claims: If a minor is the primary beneficiary, the statute of limitations may be extended until they reach 18 years of age.
It is essential to work with an attorney to ensure the claim is filed within the required timeframe, as missing the deadline could result in the case being dismissed.
How a Wrongful Death Claim Helps Families After a Murder
Although the criminal justice system aims to punish offenders, civil lawsuits enable families to pursue accountability and secure compensation for their loss. Compensation can help:
- Cover funeral and medical expenses incurred by the family
- Provide financial security for dependents, especially if the deceased was the primary breadwinner
- Hold perpetrators accountable even if the criminal case did not lead to a conviction
This financial relief not only helps families manage immediate expenses but also provides a form of recognition for the emotional pain they endure.
Steps for Filing a Wrongful Death Claim in Pennsylvania
- Consult with a Wrongful Death Attorney: An experienced attorney will guide families through both civil and criminal proceedings.
- Gather Evidence: Collect police reports, medical records, and witness statements to support your claim.
- File the Claim on Time: Ensure compliance with the two-year statute of limitations to avoid case dismissal.
- Engage Experts: Financial analysts and forensic experts can help quantify damages and strengthen your case.
Conclusion
A wrongful death claim provides families in Pennsylvania with a crucial avenue for justice and financial recovery after a murder. While the criminal justice system aims to punish offenders, civil lawsuits allow families to seek accountability and obtain compensation for their loss. Although these claims cannot undo the tragedy, they provide a sense of closure and financial stability, helping families rebuild their lives after an unimaginable loss.
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 personal injury 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.