By Personal Injury Attorney Joseph A. Comerford
Losing someone you love is devastating. And when that loss happens because of someone else’s carelessness or wrongdoing, it can feel not only heartbreaking but deeply unfair. Pennsylvania law recognizes that families in this situation deserve more than just sympathy. They may be entitled to pursue justice and long-term financial security through a wrongful death lawsuit.
But who, exactly, can file one? That’s a question we hear often, and the answer matters a great deal. Here’s what you need to know.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed on behalf of someone who died as a result of another party’s negligence, recklessness, or intentional conduct. The lawsuit seeks to hold the responsible party accountable and to help the deceased person’s family secure the financial stability they need to move forward.
Common Causes of Wrongful Death Claims
Wrongful death claims can arise from many different types of incidents. What they have in common is that the death was caused, at least in part, by someone else’s failure to act reasonably or safely. Some of the most common situations include:
Car and truck accidents. Fatal crashes caused by a negligent or reckless driver are among the most frequent sources of wrongful death claims in Pennsylvania, involving passenger vehicles, commercial trucks, and delivery vehicles alike.
Workplace accidents. When a worker is killed on the job due to unsafe conditions, defective equipment, or a third party’s negligence, the family may have grounds for a wrongful death claim in addition to, or separate from, a workers’ compensation claim.
Slip and fall and premises liability incidents. Property owners have a legal obligation to maintain safe conditions. When a fatal accident occurs because of a hazardous condition the owner knew about or should have addressed, a wrongful death claim may be appropriate.
Medical malpractice. When a doctor, hospital, or other healthcare provider fails to meet the accepted standard of care and a patient dies as a result, the family may be able to pursue a wrongful death claim.
Defective products. If a dangerous or defective product causes a fatal injury, the manufacturer or distributor may be held liable.
Construction accidents. Fatal accidents on construction sites can involve multiple responsible parties, including contractors, property owners, and equipment manufacturers.
This is not an exhaustive list. If you’re unsure whether your situation qualifies, the best step is to speak with an attorney who can evaluate the specific facts of your case.
Who Is Allowed to File?
In Pennsylvania, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This is often a spouse, adult child, or other close family member who has been named the executor or administrator of the estate. If no personal representative has been appointed, the court will typically designate one.
Even though the personal representative files the lawsuit, the people who actually benefit from any recovery are the deceased’s surviving family members, specifically:
The spouse. A surviving husband or wife is typically first in line to share in any recovery.
Children. Minor and adult children of the deceased are also entitled to share in any recovery.
Parents. If there is no surviving spouse or children, the deceased’s parents may be entitled to a share of the recovery.
Under Pennsylvania law, if none of these family members exist, the recovery goes to the estate itself.
What Can Families Recover?
Wrongful death damages in Pennsylvania fall into two main categories.
The first covers the family’s losses directly, including the financial support the deceased would have provided over their lifetime, the value of services they performed such as childcare and household contributions, funeral and burial expenses, and the loss of companionship, guidance, and comfort.
The second type of claim is called a survival action. Filed alongside the wrongful death claim, it seeks to recover what the deceased experienced before death, including pain and suffering, medical bills incurred after the injury, and lost earnings from the time of injury to the time of death. The survival action is brought on behalf of the estate.
In Pennsylvania, both claims are typically pursued at the same time. For more information, see our helpful guide to wrongful death claims for Pennsylvania families.
Is There a Deadline to File?
Yes, and this is important. In Pennsylvania, wrongful death lawsuits generally must be filed within two years of the date of death. Missing this deadline can mean losing your family’s right to pursue justice entirely, which is why it’s so important to speak with an attorney as soon as possible after a loss.
Why Does It Help to Have an Attorney?
Wrongful death cases are among the most emotionally and legally complex cases that exist. While you and your family are grieving, you’re also being asked to navigate legal procedures, gather evidence, deal with insurance companies, and meet strict deadlines.
At Aversa & Linn, we handle wrongful death cases on a contingency fee basis, which means you pay nothing unless we recover on your behalf. There’s no cost to call us and talk through your situation. Our attorneys genuinely care about helping your family find justice and build financial security during one of the hardest times of your life.
If you’ve lost a loved one in Philadelphia, Montgomery, Delaware, or Bucks County and believe another party may be responsible, please reach out to us. We’ll listen, we’ll advise you on your options, and we’ll fight for your family the way we’d fight for our own.
Call Aversa & Linn today at 215-751-1717 or contact us online.
