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Philadelphia Wrongful Death Attorneys

How Pennsylvania Law Defines Wrongful Death

No loss could be more devastating than the death of a close family member. The grief can be overwhelming, even as your time is filled with planning the funeral and burial services. You may have lost your best friend and closest companion, someone who stuck by your side through thick and thin. Their death, and your loss, should not go unanswered. Pennsylvania law provides family members with strong legal options after a loved one’s death, allowing survivors to pursue justice and financial compensation.

Pennsylvania state law allows certain family members the right to pursue legal action after their loved one’s death, when the fatal accident was caused by any of the following acts committed by a third party:

  • "Wrongful act”
  • "Neglect"
  • ​​​​"Unlawful violence"
  • "Negligence"

As we can see, wrongful death claims can involve a wide range of misconduct, from outright homicide to medical malpractice, nursing home neglect to third-party liquor liability.

To find out more about this important subject, call a Philadelphia wrongful death lawyer at (215) 608-2183. We offer a free consultation to discuss your unique situation and needs.

Who Can File a Wrongful Death Claim?

Any form of intentional or unintentional wrongdoing that causes the death of a close loved one can, in theory, give rise to a viable wrongful death lawsuit, but Pennsylvania places strict limitations on who is allowed to file the suit. In accordance with Title 42, Chapter 83 of Pennsylvania’s General Statutes, Section 8301, only the personal representative of the decedent’s estate is allowed to file a wrongful death claim.

Personal representatives are generally appointed according to the decedent’s will. Usually, a trusted spouse or adult child is selected to preside over their loved one’s remaining financial concerns in the wake of their death. When no will has been written, the State’s Courts can appoint a personal representative to handle these matters, along with any viable wrongful death claims.

These claims, however, are filed to benefit a select group of the decedent’s close familial relatives, such as:

  • A spouse;
  • Children;
  • Parents; and
  • A personal representative of the decedent’s estate (if no spouse, child or parent exists to secure the damages).

These loved ones need not be residents of Pennsylvania to secure damages in a wrongful death claim filed here. As we can see, Pennsylvania law makes a stark distinction between who can file a wrongful death claim and who can receive the damages secured in a claim. While only the decedent’s estate representative can file the claim itself, any damages recovered will be distributed by the Court to the decedent’s “beneficiaries,” a legal term used primarily in the realm of estate law.

Intestate Succession & Wrongful Death Damages

In many cases, people write wills before they die, describing who should receive their remaining assets and how those assets should be split up. People who fail to draft a will (or draft one improperly), on the other hand, are said to have died “intestate.” As such, their estates come under the rules outlined in each state’s intestacy rules; the assets, to use a more colloquial phrase, go through probate. The state takes over, doling out the decedent’s remaining assets to their surviving spouse, children or parents in line with a strict calculus.

Distributing Compensation After the Loss a Loved One

Pennsylvania uses these state-established rules, rather than an individual decedent’s will, to distribute the damages secured in a wrongful death claim. State law accords priority to spouses and children, followed by surviving parents.

Here’s how it works, in brief:

  • Children and no spouse – children receive all damages
  • Spouse and no children or surviving parents – spouse receives all damages
  • Spouse and children – spouse receives the first $30,000 of the settlement or jury award, along with half of what remains; children receive remaining damages
  • Spouse and parents but no children – spouse receives the first $30,000 of the settlement or jury award, along with half of what remains; parents receive remaining damages
  • Parents and no spouse or children – parents receive all damages

In any event, the money cannot be used to reimburse the decedent’s creditors. In short, Pennsylvania law prohibits the damages from a wrongful death claim being used to make good on a person’s debts after their death. The money is for close family members and the estate, no exceptions. You can find a clear overview of Pennsylvania’s intestate succession guidelines at the legal information site NOLO.

Get Answers After a Family Member’s Fatal Accident

A fatal car accident or an accidental death at work is shocking and disorienting, both for close loved ones and family members. Beyond the unavoidable grief that one experiences after a mother, father, husband, wife, son, or daughter dies suddenly, there are urgent questions to be answered. “Why?” “How could this have happened?” “Could something have been done to save my loved one’s life?”

Damages: Financial & Emotional Losses

Finding answers to the heartache of an accidental death is a large reason that many families contact our Pennsylvania wrongful death attorneys. Compensation is often an afterthought, but in the long run, financial remuneration can become critical for a family.

Beyond the emotional difficulties and painful questioning, a family must deal with numerous economic losses and expenses, including:

  • Medical bills (hospital, nursing, and medication costs incurred as a result of the decedent’s fatal illness or injury)
  • Funeral costs
  • Burial expenses
  • Lost wages
  • Lost government benefits
  • Loss of financial support
  • Loss of household services, emotional support, and care
  • Punitive damage (assessed in cases where the defendant’s wrongdoing is considered particularly reckless or egregious)

These are very real damages, forms of loss that can be compensated financially and may be available in a wrongful death lawsuit. Note, however, that Pennsylvania does not allow damages to be pursued when those losses were already compensated by another source during the decedent’s lifetime. Medical expenses, for example, that were covered by an insurance company before a loved one’s death cannot be claimed again. Nor can two legal actions premised on the same fatal injury or illness be maintained at the same time. All claims arising from the same incident will have to be consolidated before the Court, including any claims filed for wrongful death damages.

Claims to Benefit Loved Ones & the Estate

It should also be clear that all of these damages are not equal. Some, like loss of household services, are intended to compensate family members for what they have lost due to their loved one’s death. As a result, these damages cannot be claimed unless a spouse, child, or parent survives to receive the benefit of those damages. Other losses, like medical expenses or funeral bills, become the responsibility of the decedent’s estate, whether or not they are survived by a close family member. Where no spouse, child, or parent survives, the estate’s personal representative can still pursue these limited claims.

Pain & Suffering Claims “Survive” Death

Beyond the traditional wrongful death claims we’ve already discussed, Pennsylvania is one of the only jurisdictions to recognize that certain claims for damages should “survive” a person’s death. As established in the State’s “survival statute,” all legal causes of action (legitimate reasons to sue), along with all pending legal proceedings, survive the death of the plaintiff.

Under Section 8302 of the Pennsylvania Wrongful Death Act, allows those affected by the wrongful death of a family member or loved one to bring a survival action. These types of claims differ from wrongful death actions in that the cause of action is based on the injuries of the other individual, not the fact that he or she died. In such actions, the personal representative of the decedent’s estate acts in place of the decedent. If an injury or negligence claim was brought on behalf of the decedent during his or her lifetime, such proceedings or cause of action survives his or her death. As such, the decedent’s estate may continue (or bring) a claim that the decedent had while still alive.

In short, the right to sue over negligence is not extinguished with a person’s death. It survives, passing on to the decedent’s estate. This quirk of Pennsylvania state law allows the estate (on behalf of family members) to pursue a set of damages that aren’t available in some other states. In Pennsylvania, a survival action can be filed to recover damages for the pain and suffering experienced by the decedent prior to death.

Pennsylvania’s Wrongful Death Statute Of Limitations

Like all states, Pennsylvania has established strict time limits that can prevent family members from pursuing accountability after their loved one’s death. This law, known as the “statute of limitations,” provides the decedent’s estate only two years from the date of death to file a claim for wrongful death damages. That is why we recommend working quickly to involve a Philadelphia wrongful death lawyer at our firm – we can get started immediately in seeking justice on behalf of your loved one.

Survival actions are also governed by a similar two-year time limit, but the clock starts ticking earlier, on the date of the decedent’s injury. Although some exceptions exist, most wrongful death claims filed in Pennsylvania will be restricted by this two-year statute of limitations.

Time is of the essence. An attempt to file a lawsuit after the statute has run its course and your claim will almost certainly be dismissed. It’s always best practice to contact an experienced wrongful death attorney as soon as you learn that your loved one’s death may have been caused by someone else’s negligence or wrongdoing. We at Marciano & MacAvoy, P.C. are here 24 hours a day, 7 days a week to take your call and offer our guidance.

When You Can’t Settle for Less

Marciano & MacAvoy, P.C. has obtained numerous million dollar settlements in wrongful death lawsuits on behalf of fatal accident victims, including:

  • $12,700,000 Wrongful Death Award for a family of 3 killed by a drunk driver in Bethlehem Township while on their way home from a funeral. Prior to trial, we successfully settled the case for the families against the various establishments that served the driver more than 30 drinks before he got behind the wheel.
  • $4,300,000 Liquor Liability Recovery in a case that Kevin Marciano handled on behalf of a client who suffered a fatal spinal cord injury while riding as a passenger in a car driven into a tree by her drunk husband.
  • $2,500,000 Wrongful Death Settlement for a Delaware County family of a young woman whose death followed soon after a visit to the emergency room.

To learn more about some of our recent case results, visit our Verdicts & Settlements page.

Philadelphia Wrongful Death Attorneys with Compassion & a Track Record of Success

An investigation into the facts behind the car accident, slip-and-fall accident, or misdiagnosed cancer may uncover the truth about how the accident occurred. If a person or other legal entity is found to have been negligent, your family may find financial relief by filing a wrongful death claim. In many cases, bereaved family members are also entitled to damages to acknowledge intangible losses such as loss of love and companionship.

Our experienced legal team Marciano & MacAvoy, P.C. have the knowledge, skills, and experience necessary to help you and your family cope with the financial aspects of a fatal accident. Our experienced lawyers have helped many next of kin recover compensation after the deaths of loved ones. We respect your need to grieve, but we also hope that you will get qualified legal counsel in a timely manner.

Call our offices at (215) 608-2183 or contact us online for your free, confidential consultation.

Our Promise

Contact Us Today

At Marciano & MacAvoy, P.C. we understand the emotions, concerns, and anger you may be experiencing as a result of having your life turned upside down by a serious injury to you or a loved one. Whether this injury came in the form of an auto accident or resulted from medical malpractice, we are here to help you get through this and begin the recovery process. Trust us with your case and we will not let you down.

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