Losing a loved one due to someone else’s negligence is a devastating experience. Along with grief, many families face financial strain from medical bills, funeral costs, and lost income. If the death was preventable, the family may have the right to pursue a wrongful death lawsuit. Understanding the legal process in Pennsylvania can help families navigate this difficult time and seek justice.

Determining Eligibility to File a Claim

Not everyone is allowed to file a wrongful death lawsuit. In Pennsylvania, only the personal representative of the deceased’s estate can initiate the claim. If the representative does not take action within six months, the lawsuit may be filed by the deceased’s beneficiaries, such as a spouse, children, or parents.

These claims aim to compensate surviving family members for financial and emotional losses. This can include medical expenses incurred before death, funeral costs, lost wages, and the loss of companionship and support.

Establishing Liability for a Wrongful Death Case

To succeed in a wrongful death case, certain elements must be proven. The plaintiff must show that the defendant owed a duty of care to the deceased. This could be a driver following traffic laws, a doctor providing competent medical treatment, or a property owner maintaining safe conditions.

It must also be shown that the defendant breached this duty through negligence or misconduct. Finally, there must be a direct connection between the defendant’s actions and the person’s death. Strong evidence, such as medical records, accident reports, witness statements, and expert testimony, can help establish liability.

Time Limits for Filing a Wrongful Death Lawsuit

Pennsylvania law sets a strict deadline for wrongful death claims. Generally, the lawsuit must be filed within two years from the date of death. Missing this deadline can prevent the family from seeking compensation.

There may be exceptions, such as cases involving medical malpractice, where the time limit could be extended if the cause of death was not immediately apparent. Consulting an attorney as soon as possible ensures the case is handled within the legal timeframe.

The Role of Insurance in Wrongful Death Cases

Many wrongful death claims involve insurance companies, whether through auto insurance, medical malpractice coverage, or homeowner’s insurance. Insurers often try to settle claims quickly for less than what the family deserves. While a settlement can provide faster financial relief, it may not fully account for future losses.

An experienced attorney can negotiate with insurers and assess whether a settlement offer is fair. If the insurance company refuses to provide adequate compensation, taking the case to court may be necessary.

Filing the Lawsuit and Building a Case

If a fair settlement cannot be reached, the next step is formally filing the wrongful death lawsuit. This involves drafting and submitting a complaint that outlines the facts of the case, the negligence involved, and the damages sought.

The discovery phase follows, where both sides gather and exchange evidence. Depositions may be conducted, where witnesses and experts provide sworn testimony. This stage is critical for strengthening the case and identifying any weaknesses in the opposing side’s arguments.

Going to Trial or Reaching a Settlement

Most wrongful death cases settle before reaching trial. Settlement negotiations continue throughout the legal process, and if a fair agreement is reached, the case is resolved without going to court.

If a settlement is not possible, the case proceeds to trial. Both sides present their arguments, and a judge or jury determines whether the defendant is liable and how much compensation should be awarded. Trials can be complex and time-consuming, but they may be necessary to achieve justice.

Securing Compensation for the Family’s Losses

Compensation in wrongful death cases can cover a range of damages. These may include medical costs leading up to the person’s passing, funeral and burial expenses, lost income the deceased would have provided, and non-economic damages such as pain and suffering and loss of companionship.

In some cases, punitive damages may be awarded if the defendant’s actions were especially reckless or intentional. These damages serve as a form of punishment and deterrence for future misconduct.

Why Legal Representation Matters

Handling a wrongful death case without legal guidance can be overwhelming. The legal process involves complex rules, strict deadlines, and negotiations with insurance companies that often try to minimize payouts. A knowledgeable attorney can build a strong case, handle communications with insurers, and advocate for the family’s best interests.

Conclusion

The loss of a loved one is life-changing, and no amount of money can replace them. However, pursuing a wrongful death claim can help ease the financial burden and hold the responsible party accountable. At Kingbird Legal, we understand the challenges families face after a tragedy. Our team is committed to providing compassionate legal support and fighting for the compensation you deserve. Contact us today for a free consultation to discuss your case and explore your legal options.