The emotional and agonizing experience of losing a loved one is exacerbated when the death is caused by the carelessness or recklessness of another individual. You may feel anger and wish to hold those responsible for the death accountable and prevent others from experiencing the same fate. You may be struggling to determine how you and other survivors will support yourselves or make up for financial losses and expenses brought on by the death of your loved one.

You may be a family member who has heard of wrongful death lawsuits and wishes to understand how they work. While no amount of money can replace a loved one, a wrongful death lawsuit seeks monetary compensation from the negligent person or entity responsible for the victim's death. In a wrongful death claim, an experienced Pennsylvania wrongful death attorney can represent you and your family.

At Brandon J. Broderick, Attorney at Law, every case is approached with compassion and empathy. Our Pennsylvania wrongful death law firm understands what it takes to build a case and will litigate your claim aggressively to obtain the compensation you and your family are entitled to. We are one of the highest-rated Pennsylvania personal injury law firms due to our compassionate client care and honest and straightforward approach. We fight for the best possible outcome so that you can concentrate on your family and recovery.

In the remainder of this article, we will provide a digestible overview of the following information pertaining to wrongful death lawsuits in Pennsylvania:

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When a loved one dies in an accident or in an incident that should never have occurred in the first place, surviving family members frequently experience anger, frustration, and anxiety. The attorneys at Brandon J. Broderick, Attorney at Law, prioritize client care, compassion, and communication when representing clients in wrongful death cases. We are your dependable partner throughout the entire process.

Experienced negotiators and trial attorneys

Brandon J. Broderick, Attorney at Law, will build your case by gathering evidence, interviewing witnesses, and consulting with experts to prove the other party's negligence. By handling the details and negotiations with the at-fault party, insurance company, and others, our law firm relieves you of this tedious burden, allowing you to concentrate on what truly matters. And if an agreement cannot be reached through negotiation, we will not hesitate to take the case to court -- and win.

You deserve to recover compensation for your loss.

If your loved one was killed in an accident caused by negligence, you are entitled to compensation. In addition to your grief, you may be experiencing severe financial strain as your losses and expenses continue to mount. Do not proceed alone. Our compassionate wrongful death attorneys will seek the maximum possible compensation for your losses.

To better comprehend the circumstances and your available legal options, we provide no-cost, discreet legal consultations. If you choose to proceed, we will work on a contingency basis, which means we will only be compensated if you receive a settlement. Many of our clients feel a sense of relief once they make that first phone call to us.

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What is Wrongful Death?

A claim for wrongful death may be filed when a person dies due to the negligence, recklessness, or violent actions of another person or entity. It is essential to remember that a wrongful death claim is a civil action and not a state-level criminal prosecution. It is possible for a single individual or entity to face both a civil wrongful death claim and a criminal charge. In a wrongful death claim, monetary damages are awarded to the victim's family, whereas criminal convictions may result in imprisonment or probation for the defendant. 

There are a number of circumstances in which negligence can result in the death of a person due to an accident or illness.

Typical situations in wrongful death lawsuits include the following:

Each situation is unique, and the responsible party depends on the circumstances. For example, in a car accident, the driver at fault could be held liable. Or, an employer's disregard for safety protocols could result in the death of an employee. These situations are merely examples. If the death of a family member or loved one was caused by another party's negligence, you may be able to file a wrongful death claim.

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Who Can File a Wrongful Death Lawsuit in Pennsylvania?

Every state has different laws involving who can bring a wrongful death claim and what compensation is available. In accordance with 42 Pennsylvania Consolidated Statutes Annotated (PA CSA) §8301, only the deceased person's surviving spouse, children, or parents may initiate a lawsuit seeking monetary damages for wrongful death. No citizenship requirement exists. The person filing the claim is not required to be a Pennsylvania resident.

When there are no beneficiaries who are eligible to take legal action for the decedent's death, the personal representative of the deceased person's estate may file a lawsuit to recover compensation for the financial damage the injury and death caused to the estate. The sole purpose of these damages is to restore the estate to its previous financial condition.

Typically, there is a hierarchy of sorts among the beneficiaries of the wrongful death claim. The victim's spouse and children come first, then the parents of unmarried, childless victims, and finally other dependent relatives. If successful, the wrongful death claim is not part of the victim’s estate, and the heirs are awarded compensation directly. Thus, compensation from a wrongful death claim is not subject to creditor claims on the deceased person’s estate.

In many cases, a survivor action may also be part of the lawsuit, which compensates for the pain and suffering, medical expenses, and lost wages the decedent themselves suffered after the accident but before they died. Unlike the wrongful death claim, if successful, these awards go to the victim’s estate and are subject to creditor claims.

Compensation and Settlements in Pennsylvania Wrongful Death Lawsuits

There are several complex aspects to a wrongful death lawsuit, so it’s always a good idea to consult with an experienced Pennsylvania wrongful death law firm about your specific situation. Generally speaking, a wrongful death claim is intended to provide compensation to the surviving heirs for the loss of their loved one. In Pennsylvania, surviving family members are not able to recover damages for their own emotional distress. The exception is that if you witnessed the accident and suffered severe emotional distress, you may be able to file a separate claim for compensation.

A wrongful death lawsuit or settlement may seek these types of compensation -- wrongful death claims, survivor claims, and punitive damages. If your loved one suffered a fatal work-related injury or illness, the case may involve workers compensation death benefits and a third-party claim.

Wrongful Death Compensation

A wrongful death lawsuit provides compensation for ‘economic’ damages like any medical bills associated with the accident or funeral costs, as well as ‘non-economic’ damages for intangible damages like the loss of parental guidance in the event of a parent’s death. While no amount of money can replace the loss of your spouse or loved one, the unexpected death of a loved one can come with a heavy financial burden. Damages awarded in a wrongful death lawsuit in Pennsylvania may include:

  • Hospital and medical expenses related to accident
  • Funeral and burial expenses
  • Lost income and loss of deceased person’s expected lifetime income
  • Lost health and insurance benefits
  • Loss of love and companionship
  • Loss of consortium
  • Loss of parental guidance

If your loved one did not work outside the home and/or was the primary caregiver, a wrongful death claim will seek compensation for the loss of valuable household services such as cleaning, childcare, and other chores.

What is a Survival Claim?

In some cases, an aspect of the litigation will include what’s called a survivor action. Compensation in a survivor action is similar to a typical personal injury claim in which an individual can sue the at-fault party to recover monetary damages like medical bills, lost income, as well as pain and suffering. However, in this case, the estate of the deceased is filing the claim on behalf of the victim for the time period between the accident and the time of death.

Take the example of a pedestrian walking along the road who is hit by a car. In this example, the victim could suffer serious injuries and be in grave condition at a hospital for a period of time before passing away. A survival claim seeks compensation for the medical expenses and lost wages associated with this time and the conscious pain and suffering endured by the victim. 

Because survival claims intend to compensate the victim, the deceased's estate receives compensation for these claims. The beneficiaries of a survival claim follow the instructions of the will or probate court in the event the deceased did not have a will.

As a matter of course, work-related deaths are handled under the Pennsylvania workers compensation system. Under workers compensation death benefits, the surviving spouse and dependents are entitled to a payout of 60% of the deceased worker’s average weekly wage, not to exceed the maximum benefit amount established annually by the Pennsylvania Department of Labor and Industry. The Pennsylvania Bureau of Workers’ Compensation oversees the allocation of benefits among dependents.

What if your loved one’s work-related death was caused by the negligence of a third party or the employer? In some cases, it may be possible to file a wrongful death lawsuit against a third-party, like a general contractor, subcontractor, or negligent equipment manufacturer. Filing a wrongful death lawsuit against an employer is very challenging, but in cases of egregious or systemic negligence, you may have a case. 

If your loved one died in a work-related accident, contact a wrongful death attorney to discuss your options. At Brandon J. Broderick, we specialize in both personal injury and workers compensation and have the experience to help you navigate the process. Get in touch today for a free consultation.

Punitive Damages in a Wrongful Death Claim

Punitive damages are designed to prevent others from being hurt or injured in the same way and are typically reserved for cases involving the most reckless and intentionally negligent behavior. The burden of proving the defendant is liable for punitive damages lies with the plaintiff, or the person filing the lawsuit. When it comes to punitive damages, you would need to show “clear and convincing evidence” of either malice or extreme recklessness. Examples of cases that could include a claim for punitive damages include:

  • Drunk or drugged driving
  • Intentional malice
  • Oppression
  • Fraud
  • Criminal acts or specific intent to cause harm

In Pennsylvania, punitive damages cannot exceed two times the amount of your total compensatory damages -- whichever is greater. The award must be paid by the defendant and is not covered by an insurance policy.

How Do You Prove Wrongful Death?

Proving wrongful death is different from a criminal case in which a prosecutor is attempting to prove guilt beyond a reasonable doubt. Wrongful death claims are civil cases and are usually proven through the legal concept of negligence. In order to prove liability in wrongful death, your case must demonstrate the following

Duty of Care. In legal terms, duty of care means that the at-fault party owed your loved one some level of consideration to keep them safe and free from harm. For example, property owners have a duty to keep their premises reasonably safe and free from hazards by ensuring adequate building security and maintaining the property free from hazards like jagged concrete or slippery, wet floors. Drivers owe others on the road a duty to act with reasonable care and follow traffic laws. Doctors, healthcare systems, and other medical professionals owe their patients a duty to act with a standard level of care.

Breach of Duty. In this element of proving negligence, you must prove that the at-fault party breached the duty of care owed to the victim. Given the circumstances and knowledge that the defendant had at the time, you need to show that they would have known that someone might be injured or die as a result of his or her actions. Drivers, for example, know that it is dangerous to get behind the wheel after drinking. Business owners know (or should know) that they should be following certain safety guidelines to protect customers and employees.

Causation. In simple terms, you must show that the breach of the duty of care caused the victim’s death. Using the same examples, a driver got behind the wheel after drinking and hit a pedestrian, who then died of their injuries.

What Happens in a Wrongful Death Lawsuit?

Similar to a personal injury claim, a wrongful death claim begins long before an actual lawsuit is filed. A wrongful death attorney will start by reviewing the evidence available, which may be medical records, police reports, witness statements, electronic evidence, and interviews with family. Your lawyer may also need time to build a case and establish or create more evidence to bolster your claim.

Once the key elements of the wrongful death case are established, a Pennsylvania wrongful death lawyer will seek to obtain compensation through a demand letter. At this point, the demand letter will ask for a compensation amount in exchange for not filing a wrongful death lawsuit. Most wrongful death cases are resolved through settlement rather than a civil trial. The demand letter could be all that’s needed to settle the case.

In the event the at-fault party will not agree to the demands, a complaint is filed with the court. From there, the defendant must answer the complaint, or could be found liable for a lack of response. Otherwise, the process of discovery begins as the case goes into negotiations, which happen continuously as evidence is uncovered and the details of the case emerge. If a settlement still can’t be reached, the case would go to a civil trial before a judge or jury, who would determine if the defendant is at-fault and what level of compensation should be awarded.

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What is the Deadline to File a Wrongful Death Claim in Pennsylvania?

In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. There are a few exceptions to this deadline. If the case is against a government entity, deadlines can be much shorter, sometimes within six months of the death. It is very important that you do not miss the two year deadline; if you file a claim after the deadline, it may be immediately dismissed. It’s important to get in touch with a Pennsylvania wrongful death law firm as soon as possible. Witness recollections fade or physical evidence may disappear, and the process for seeking compensation starts well before the lawsuit is actually filed. You want to avoid losing your right to file a claim permanently.

Pennsylvania Wrongful Death Lawsuit FAQ

Who receives the money in a wrongful death lawsuit?

In Pennsylvania, the spouse, children, and parents may receive a portion of a settlement for wrongful death. The precise distribution depends on the number of survivors. The spouse always receives a portion of the settlement, while children and parents may also receive a portion, depending on which members of the victim's family survive. It’s important to note that a settlement from a wrongful death claim does not have to follow the directives of the deceased’s will; however, settlement amounts related to a survivor claim do go to the deceased’s estate and follow the will’s distribution.

What type of crime is wrongful death in PA?

Wrongful death is a civil action in which the family or estate of a deceased individual sues whom they believe is the at-fault party for monetary compensation related to the loss of their loved one. Wrongful death is not a crime and is different from a criminal prosecution for murder or manslaughter. A defendant can be sued for wrongful death AND face criminal prosecution.

How much does it cost to hire a PA wrongful death attorney?

Wrongful death law firms typically operate on a contingency basis, which means that they only charge a fee if the case or claim is won and a settlement is awarded. The attorney fees are then taken out of the final settlement amount. In many cases, wrongful death attorneys can secure settlement amounts far greater than those the insurance company will offer you without legal representation.

What if my loved one was killed while at work?

The Pennsylvania workers compensation system allows for death benefits in the event of a fatal work-related accident. Workers compensation is a no-fault system, which means that death benefits can be collected by surviving family members regardless of who’s fault it was that the accident occurred. That being said, some workplace accidents are due to a faulty part, machine, or other scenario in which a third-party (someone other than the employer) could hold liability. Each case is unique, and your best option is to consult with an experienced wrongful death attorney who can advise you of your legal options.

How long does it take in Pennsylvania to settle a wrongful death case?

In cases where liability is clear cut, wrongful death claims may take as little as a few months to settle. In other scenarios where negligence is harder to prove or there is a potential for a high claim value, a wrongful death case could take a year or more to resolve. Don’t let the timeframe deter you from seeking justice and fair compensation for your loss.

Brandon J. Broderick, Attorney at Law: Peace of Mind for You, Justice for Your Loved One

At Brandon J. Broderick, Attorney at Law, we have decades of experience championing for our clients and succeeding, even when other attorneys say there is no case. Our compassionate client care and honest, straight-forward approach help to make us one of the top-rated law firms in Pennsylvania. We fight for your best interests, so you can focus on what really matters. 

We’ve helped people just like you move forward after devastating events caused by someone else’s negligence. Our wrongful death lawyers work on a contingency basis, which means that you pay nothing upfront and we only get paid if you win. Many of our clients feel a sense of relief once they make that first phone call. Contact us today for a free consultation.

We have offices in numerous Pennsylvania locations, including Allentown, Bethlehem, Erie, Lancaster, Philadelphia, and Pittsburgh.

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