Understanding Wrongful Death Claims in Pennsylvania

Scartelli Olszewski P.C.

Experiencing the aftermath of a loved one’s death is challenging enough on its own. But knowing your loved one died because of another person’s negligence can be particularly devastating. While pursuing a wrongful death claim can’t bring them back, it may aid your grieving process in a small way.

Wrongful death claims allow you to seek compensation from the at-fault party on behalf of your loved one and your family. Learn what you need to know about wrongful death claims in Pennsylvania.

Who Can File a Wrongful Death Claim in Pennsylvania?

Under Pennsylvania law, only the deceased person’s “personal representative” may file a wrongful death claim. The personal representative is the executor of the decedent’s will, or if there is no will, a next of kin can be named the personal representative by filing a simple form with the Registrar of Wills’ office.

The personal representative can file for wrongful death on behalf of all of your loved one’s legal beneficiaries. It is important to speak with a wrongful death attorney about filing a wrongful death lawsuit in Pennsylvania to make sure it is done correctly.

The Types of Compensation You Can Claim

Wrongful death claims help account for the economic and emotional toll a negligent death can take on a person’s family. Through a wrongful death claim, you and your family can seek economic damages to cover any of the following:

Funeral expenses
Medical bills
Lost future wages from the decedent

You can also seek non-economic or intangible damages, such as:

Pain and suffering
Mental anguish
Loss of companionship
Loss of parental help
Loss of consortium
Deceased’s loss of the enjoyment of life

Your attorney can help you calculate your damages by assigning monetary values to each non-economic damage. Contrary to popular belief, seeking wrongful death compensation likely will not impact any survivor benefits you receive from the Social Security Administration.

Understand Pennsylvania’s Statute of Limitations To Avoid Disqualification

Pennsylvania sets a statute of limitations on wrongful death claims of two years from the date of death. If you fail to file your claim within two years, you may be barred from seeking compensation. There are exceptions to this rule and it is important to speak to a Wrongful Death Attorney to see if your case fits within the exception.

While two years sounds like a long time, it can go by in a flash after a loved one’s death. Planning the funeral, closing the person’s estate, and adjusting to life without them can take up much of your time. That is why it’s best to contact a wrongful death attorney early to start the claims process and avoid losing your right to financial compensation.

How the Discovery Rule Impacts the Statute of Limitations

If the two-year deadline has already passed, speak with an attorney about whether the discovery rule applies to your case.

This rule states that the statute of limitations may be extended if a deceased person’s family did not discover their death was due to negligence until some time after the date of death. For example, maybe your loved one died during a medical procedure, but the healthcare providers concealed the true cause of death and the family did not discover the cause until after the two years.

Scartelli Olszewski P.C. Offers Compassionate Legal Assistance for Wrongful Death Claims in Pennsylvania

At Scartelli Olszewski P.C., we understand the emotional upheaval wrongful death places on everyone who knew and loved your family member. We want to hear your story and help you determine whether you have grounds for a wrongful death claim. If so, we can guide you through the legal process while you take time to grieve.

Contact our compassionate wrongful death attorneys today at 570-346-2600 for a free consultation.