Who can file a wrongful death lawsuit in Pennsylvania? The Commonwealth of Pennsylvania statutes determine who can file a wrongful death lawsuit and who cannot. Only certain people can file wrongful death claims. The people who can file the wrongful death lawsuit do the filing on behalf of the others who are the beneficiaries. To clarify, the surviving spouse, parents, child, or guardian of the deceased may file a lawsuit on behalf of the surviving spouse, parents, or child. Cousins or siblings of the deceased do not have the right to file the wrongful death lawsuit unless they are representing the deceased. They also have no rights to recovery unless there is no surviving spouse, parents, or child.
To file a wrongful death suit in Pennsylvania, the plaintiff must show that the death of a person was caused by a wrongful act, neglect, or default, and that the act, neglect or default would have entitled the injured person to file an action to recover damages had the death not occurred.
In addition, monetary damages must have resulted from the decedent's death.
Damages in wrongful death cases are intended to compensate for losses resulting from the death of a family member. The different types of damages include:
- Direct expenses such as medical bills and funeral cost
- Loss of benefits of what the deceased could have received in pension or retirement benefits had s/he lived
- Loss of future earnings of what the deceased would have earned in salary if s/he had lived
- Punitive damages is the amount that the defendant should be punished for regarding the victim's death
- Loss of companionship relates to the emotional pain and suffering as a result of the death
Has your family suffered a wrongful death? Please contact Anapol Schwartz, a PA and NJ wrongful death law firm to help you during this critical time. Your legal consultation is free and if you decide to retain us, we take your case on a contingency fee basis which means if you don't win; we don't get paid.
