What Are the Time Requirements for Filing a Wrongful Death Suit in Pennsylvania?

When someone dies as the result of another person’s wrongful act, neglect, or default, it is legally termed as a “wrongful death.” If someone has caused the loss of life to your spouse, immediate family member, or someone else in your family, you have the right to file a wrongful death suit in Pennsylvania against that person. The laws concerning wrongful death are different from state to state, including how long you have to file and who can collect damages, so here we will give an overview of wrongful death as a whole and then give you the specifics of Pennsylvania.

In short, In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased’s death. However, exceptions may apply, such as in cases involving minors or delayed discovery of the cause of death. If you miss the deadline, your right to seek compensation may be lost.

When Wrongful Death Is the Appropriate Course of Action

A wrongful death suit in Pennsylvania is usually filed by someone very closely related to the person who died. It doesn’t necessarily have to be an immediate family member or spouse who does the actual filing, though, because they are often too wrapped up in grief and suffering to concentrate on legal matters.

Hiring experienced wrongful death attorneys can help navigate the complexities of wrongful death cases and alleviate the financial burdens on grieving families. That’s why it is also important to have a will in place with someone stated outside of your closest family who can help execute your estate in the event of an unplanned death or accident.

There are a few different situations where wrongful death applies, and each one will have its own specific course of action. Oftentimes, a wrongful death suit could have been a personal injury claim if it hadn’t ended in a fatality.

If someone intentionally kills another, also known as murder or homicide, this is one instance of wrongful death. Probably one of the most famous examples of this is the case involving O.J. Simpson (as the defendant) and the deceased Nicole Brown and Ronald Goldman. The lawsuits—specifically, civil suits—were brought forward by Brown’s and Goldman’s families. These were in addition to the highly publicized state case that the government brought against Simpson.

Medical Malpractice and Wrongful Death

Medical malpractice is another very common type of wrongful death. This happens when a doctor, nurse, or another medical professional intentionally harms a patient or makes a medical decision that is not in the best interest of the patient, leading to the victim’s death. This can include failing to diagnose a condition, providing careless attention that results in death, or administering a medication that is known to have negative side effects with a particular condition or other medication. The victim’s death has significant legal and financial implications for the plaintiffs, who must prove causation in court to seek compensation for both economic and non-economic damages.

How Medical Negligence Affects Wrongful Death Claims

Medical negligence or recklessness are two of the main ways to bring about a medical malpractice suit, but just because a medical case goes awry doesn’t always mean that medical malpractice is applicable. For example, sometimes over the course of treatment, a patient’s condition worsens—no matter what medications, surgeries, or treatments are provided.

If the doctor has done everything to their utmost ability and used all the resources at their disposal, but a patient still dies, that is not considered malpractice. There aren’t any guarantees in medicine. If the doctor’s choices for treatment were reasonable and within scientific standards, then they are usually in the clear. It is important to prove wrongful death damages through documentation, as these claims provide financial support and justice for the victims’ families.

Vehicular Accidents and Intentional Negligence

Sometimes, too, a patient has a condition that is considered untreatable, or terminal. There are always things a doctor can do to make a patient more comfortable, but Western medicine can only go so far toward curing things that have taken hold with a vengeance. Medical malpractice doesn’t mean suing any doctor that was in charge when someone died; it has to have been a case where they knowingly did something that would make the condition worse, or knowingly withheld a treatment that could have made things better.

Car accidents are another area that is a bit tricky, but they can often be a cause of wrongful death, too. Vehicle accidents happen by the thousands every single day. But for something to be wrongful death, it has to be intentionally negligent or malicious in nature. So, if a person got into a car on their own who wasn’t licensed to drive—thus, knowing that they couldn’t drive safely—and went for a joyride, then killed someone, it could be a case of wrongful death. An experienced wrongful death attorney can help navigate the complexities of legal claims arising from vehicular accidents due to negligence or misconduct.

Importance of Negligence in Wrongful Death Lawsuits

Negligence is the cornerstone of most wrongful death lawsuits. To prevail in a wrongful death claim, the plaintiff must prove that the defendant’s negligence directly caused the victim’s death. An experienced attorney is critical for navigating the complexities of the legal process in wrongful death cases, guiding families through each step and addressing legal intricacies. This involves establishing four key elements:

1. Duty of Care: The defendant had a legal obligation to exercise reasonable care towards the victim.
2. Breach of Duty: The defendant failed to meet that obligation through their actions or inaction.
3. Causation: The defendant’s breach of duty directly and proximately caused the victim’s death.
4. Damages: The surviving family members suffered actual damages as a result of the victim’s death.

Proving negligence can be complex, requiring a thorough investigation of the circumstances surrounding the death, gathering of evidence, and often the testimony of expert witnesses. The plaintiff’s legal team must build a strong case that demonstrates the defendant’s failure to exercise reasonable care was a substantial factor in the victim’s death.

How to Prove Wrongful Death

Just as in a “regular” court case, the burden of proof is on the plaintiff. This means that the defendant is innocent until proven guilty, and the plaintiff (the person executing the estate of the victim) or their lawyers must prove beyond a reasonable doubt that the defendant intentionally or negligently caused the fatality. Examples of this could be:

• Showing that the defendant was responsible to care for the victim and did not
• Showing that the defendant’s lack of care directly caused the victim’s death
• Proving that the damages sought were directly related to the death

Hiring a wrongful death lawyer can be crucial in securing damages for families faced with the loss of a loved one due to negligence or intentional actions.

Who Can File a Claim for Wrongful Death in Pennsylvania?

Usually, these types of claims are filed by a person who has been legally named to execute someone’s estate after death. They do this on behalf of the grieving, surviving members of the victim’s family.

In every state in the country, a spouse may bring about a suit. If the victim was a minor (under the age of 18), then their parents are also legally able to pursue action, no matter the place. Minors, although they will need an adult to take charge of their case, can collect damages if their parent was killed.

After that, there are differentiations by state. Some say that parents can sue on behalf of their adult children and vice versa, some allow for siblings to take action, and in some states, this can also extend to aunts, uncles, cousins, or grandparents. Typically, the further away on the family tree someone is, the harder it will be to convince a court that they have the right to file a wrongful death suit.

Pursuing a wrongful death settlement involves understanding the process and timeline, emphasizing the importance of legal action within a specific time frame.

Damages that You Can Claim in a Wrongful Death Suit in Pennsylvania

Depending on the specifics of a case, wrongful death settlements can include a variety of damages, totaling the full amount that the family member(s) can collect. These can include, but are not limited to:

• Any pain and suffering that the victim went through before they died
• Costs of medical treatment connected to prior injuries that eventually resulted in the death
• Hospital stays
• Nursing care or in-home medical care related to the injuries that led to death
• Burial or cremation and funeral costs
• Loss of income that should have gone to the family members of the victim’s estate
• Loss of inheritance, depending on the details of the death and how it affected this portion of the estate
• Value of services that the victim would have provided the family or the community if they had been alive
• Loss of emotional, mental, spiritual, or physical care, guidance, or nurturing that the victim could have given to their family or community
• Loss of companionship, partnership, or love
• Loss of consortium
• Estate administration fees

Obviously, some of these are quantifiable, such as loss of income or medical bills. Those things such as loss of love, companionship, or value to the community are harder to put a number on. The amount will be decided on by a judge when information is compiled such as affidavits from family members, witnesses, or those close to the deceased.

Factors Influencing the Outcome of Wrongful Death Lawsuits

The outcome of a wrongful death lawsuit is rarely straightforward and can be influenced by a multitude of factors. The strength and admissibility of the evidence presented is paramount. This could include medical records, police reports, witness testimonies, expert opinions, and any other relevant documentation.

The credibility of witnesses, both lay and expert, can significantly sway a jury or judge. Their ability to articulate their observations, knowledge, and opinions in a clear and convincing manner is crucial. The expertise and experience of the legal teams representing both the plaintiff and the defendant also play a significant role. Their ability to present a compelling case, cross-examine witnesses effectively, and navigate the legal complexities can heavily influence the final decision.

Additionally, the specific laws of the jurisdiction where the lawsuit is filed are a major factor. These laws dictate who can file a wrongful death claim, the statute of limitations for filing, the types of damages that can be recovered, and the burden of proof required. Other factors such as the severity of the defendant’s negligence or intentional act, the extent of the victim’s pain and suffering before death, and the economic and emotional impact of the death on the surviving family members are also considered when determining the outcome of a wrongful death lawsuit.

The Influence of Expert Witnesses in Wrongful Death Cases

Expert witnesses are indispensable in wrongful death lawsuits. Their specialized knowledge and experience can provide critical insights that help the judge and jury understand the complex issues involved in the case.

For example, medical experts can testify about the cause of death, the extent of the victim’s injuries, the standard of care that should have been provided, and whether the defendant’s actions or omissions deviated from that standard. Accident reconstruction specialists can recreate the events leading to the death, helping to determine who was at fault and how the incident could have been prevented. Economists can assess the financial losses suffered by the surviving family members due to the victim’s death, including lost wages, medical expenses, and loss of support.

The credibility and persuasiveness of expert witnesses can be a deciding factor in a wrongful death case. Their ability to explain complex technical information in a way that is easy for laypeople to understand, as well as their reputation and experience in their field, can significantly influence the outcome of the lawsuit.

Specifics for Wrongful Death Suits in Pennsylvania

In Pennsylvania, you must file a wrongful death suit within two years of the death. The only people who are allowed to seek action are the children, married partner, or parents of the victim. However, if none of these people exist, then a representative of the deceased’s estate can bring a suit forward for medical, funeral, and administrative costs associated with the death and arrangements. Pennsylvania also does not allow for cases of wrongful birth or wrongful life.

If you do not file within this two-year period, you lose your right to sue and recover damages regarding this specific death. The two-year period, however, begins only when the cause of death is determined, not necessarily on the day that the victim died. So, when the family gets word from the autopsy, if things don’t seem to be fully true or there is something strange, that’s when the family members should seek legal action.

Final Thoughts

The loss of a loved one is something you cannot put a price on. However, in our country, there are consequences for actions, and oftentimes the easiest way to go about delivering those consequences is by giving someone a financial punishment that will hit them hard.

If you think you have a case for wrongful death, it’s important to speak to a lawyer as soon as you can so that the information, evidence, and proof can be compiled and brought forward. Since Pennsylvania has a statute of limitations of two years, time is of the essence. You might think that two years is a long time, but when you are in the throes of grieving your family member, time slips away from you and things take longer than you might expect.

Don’t Face This Difficult Time Alone – We’re Here to Help

The loss of a loved one is devastating. You deserve to focus on healing and remembering, not battling legal complexities. At Mattiacci Law, our compassionate and experienced team understands the emotional toll of wrongful death. We provide unwavering support and aggressive advocacy, fighting tirelessly to secure the compensation your family deserves. Let us handle the legal burdens while you focus on healing. Contact us today for a free consultation and let us fight for your peace of mind.

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