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Can Adult Dependents Recover Damages in a Wrongful Death Claim in Pennsylvania?
In Pennsylvania, the law allows certain individuals to seek compensation when a loved one dies due to someone else’s negligence. This is known as a wrongful death claim. While spouses, minor children, and parents are commonly recognized as beneficiaries, adult children and dependents may also be eligible.
Understanding the Pennsylvania Wrongful Death Statute
Under the Wrongful Death Statute in Pennsylvania, a wrongful death action can be brought by the personal representative of the deceased’s estate for the benefit of designated beneficiaries. These beneficiaries typically include the surviving spouse, children, and parents of the deceased. Adult children and dependents may recover damages if they can demonstrate a pecuniary or emotional loss resulting from the death.
Who Qualifies as an Adult Dependent?
Adult children or other family members may be considered dependents if they relied financially on the deceased. The definition usually includes an unmarried adult who is either a full-time student under 24, permanently and totally disabled persons, people with intellectual disabilities, or a parent you support. This dependency doesn’t require complete reliance but must show that the decedent provided significant financial support or had a reasonable expectation of continuing such support.
Proving Financial Loss in the Case of Wrongful Death
To succeed in a wrongful death claim, adult dependents must provide evidence of the financial support they received from their deceased relative. This can include:
- Documentation of monetary gifts or contributions.
- Testimony regarding the decedent’s intent to continue support.
- Evidence of the decedent’s financial capacity to provide such support.
NON-DEPENDENT ADULT CHILDREN CAN RECOVER NON-ECONOMIC DAMAGES IN A WRONGFUL DEATH LAWSUIT
An adult child of a deceased parent can recover non economic damages in a Wrongful Death lawsuit provided they can prove a close personal relationship with the decedent before they died. Damages can be recovered for the loss of society and comfort of the decedent, even where there was no financial dependency.
The absence of a will does not preclude a claim; the focus is on the actual financial relationship and support provided.
Limitations and Considerations
Both dependent and non dependent adult beneficiaries must adhere to procedural requirements:
- The wrongful death action must be initiated by the personal representative of the decedent’s estate.
- Claims must be filed within the statute of limitations, typically two years from the date of death.
Additionally, the court will consider the decedent’s other beneficiaries, such as a surviving spouse or minor children, when determining the distribution of damages.
It’s essential to consult with an experienced attorney to navigate the complexities of Wrongful Death claims and ensure all legal requirements are met. If you need help navigating this process, do not hesitate to contact us online or give us a call at (570) 346-2600.
