The loss of a loved one is a deeply painful experience, and it becomes even more challenging when their death results from negligence or misconduct. Wrongful death claims are intended to provide justice and compensation for surviving family members. However, not every case proceeds as expected, and unfavorable outcomes can leave plaintiffs wondering whether they can appeal the decision. In Pennsylvania, the appeal process for a wrongful death claim is possible, but it requires a solid understanding of the law and specific circumstances surrounding the case.

Understanding Wrongful Death Claims in Pennsylvania

Under Pennsylvania law, a wrongful death claim is filed when an individual's death is caused by the negligent or intentional actions of another person. These claims allow certain family members, such as spouses, children, and parents, to seek damages for the financial and emotional impact of their loss. Common causes of wrongful death cases include medical malpractice, car accidents, defective products, and workplace incidents.

In most cases, a wrongful death lawsuit is brought by the personal representative of the deceased's estate. The damages awarded in such claims may include funeral expenses, medical costs incurred before death, lost wages, and loss of companionship.

Can You Appeal a Wrongful Death Claim?

The short answer is yes, you can appeal a wrongful death claim in Pennsylvania. However, it's important to understand that an appeal is not a retrial. Instead, an appeal challenges legal errors made during the initial trial that may have affected the outcome. These errors might involve improper jury instructions, inadmissible evidence being allowed, or a misapplication of the law by the judge.

Appealing a wrongful death claim requires careful analysis of the trial record to identify potential errors. It's essential to have experienced legal representation during this process, as appeals are highly complex and follow strict procedural rules.

Steps to Appeal a Wrongful Death Claim in Pennsylvania

1.Filing a Notice of Appeal

The first step in appealing a wrongful death claim is filing a notice of appeal with the appropriate appellate court. In Pennsylvania, this typically must be done within 30 days of the trial court's final decision. Missing this deadline often results in the loss of your right to appeal.

2.Preparing the Trial Record

The trial record includes transcripts of court proceedings, exhibits, and any other relevant documents presented during the original trial. This record is essential for the appellate court to review the case.

3.Submitting Briefs

Both sides—appellant and appellee— need to submit written briefs outlining their arguments. The appellant's brief identifies the alleged errors in the trial and explains why the decision should be overturned. The appellee's brief responds to these arguments and defends the trial court's decision.

4.Oral Arguments

In some cases, the appellate court may schedule oral arguments, where attorneys for both parties present their case and answer questions from the judges.

5.The Appellate Court's Decision

After reviewing the trial record, briefs, and any oral arguments, the appellate court will issue its decision. This decision could affirm the trial court's ruling, reverse it, or send the case back to the lower court for further proceedings.

Grounds for Appealing a Wrongful Death Claim

Appealing a wrongful death claim is not simply about disagreeing with the outcome. You must demonstrate that a legal error occurred during the trial that impacted the verdict. Some common grounds for appeal include:

• Improper Application of the Law: If the judge misinterpreted or misapplied Pennsylvania law, it could serve as a basis for appeal.
• Evidentiary Issues: The inclusion or exclusion of certain evidence may have unfairly influenced the jury's decision.
• Jury Misconduct: If a juror acted inappropriately or displayed bias, it could undermine the fairness of the trial.
• Procedural Errors: Mistakes in the way the trial was conducted, such as failing to follow proper procedures, may warrant an appeal.

Potential Outcomes of an Appeal

The appellate court may decide in several ways. It might affirm the original verdict, meaning the decision stands as is. Alternatively, it could reverse the ruling, granting a new trial or modifying the outcome. In some cases, the court might remand the case, sending it back to the trial court with instructions for further proceedings.

It's worth noting that appeals can be a lengthy process, often taking months or even years to resolve. Understanding this timeline is essential for managing expectations.

Important Considerations for Pennsylvania Families

If you're considering appealing a wrongful death claim, there are a few critical factors to keep in mind:

Consult an Experienced Attorney: Appeals require specialized legal knowledge. Working with an attorney who understands appellate law can significantly improve your chances of success.

Weigh the Costs and Benefits: Appeals can be costly and time-consuming. Consider whether pursuing an appeal aligns with your goals and resources.

Statute of Limitations: Pennsylvania has specific deadlines for filing an appeal, so it's vital to act quickly if you believe an appeal is warranted.

Conclusion

Appealing a wrongful death claim in Pennsylvania is a viable option for families who believe the trial court made significant legal errors. However, the process is complicated and requires a thorough understanding of appellate law. By working with a skilled attorney and carefully evaluating the circumstances of your case, you can make informed decisions about whether to move forward with an appeal. While no amount of legal action can undo the loss of a loved one, a successful appeal can bring a sense of justice and provide financial relief to help surviving family members move forward.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced attorneys 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.