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  • By: Compass Legal Group
Gavel and book on wrongful death lawsuit for Harrisburg, PA residents

In this article, you can discover…

  • What is involved in a wrongful death claim in Pennsylvania.
  • Who is eligible to file a wrongful death claim.
  • The damages you may be able to collect from a wrongful death claim.

What Does A Wrongful Death Claim Entail In Pennsylvania?

A wrongful death claim is a statutory action in Pennsylvania that can be brought by the spouse, children, parents, or a personal representative of the deceased person in order to seek compensation for reasonable hospital, nursing, medical, funeral expenses, or expenses of estate administration caused by someone else’s negligence or wrongful conduct.

There are a handful of elements involved in the process, all of which will work toward proving the fault of another in your family’s loss. Some of these factors include:

  • Cause Of Death: In order to pursue a wrongful death claim, you must be able to establish a direct link between the actions of the defendant and the corresponding death. An example of this could be a driver who causes a death due to reckless driving.
  • Wrongful Conduct: You will also need to be able to prove negligence or wrongful conduct on behalf of the defendant. This could either mean that someone’s negligence or carelessness caused the death of your loved one or that the events causing their death were intentional.
  • Damages: The survivors of the deceased party need to prove that they have suffered financial damages as a result of their loss. Be sure to keep clear documentation of any funeral costs, medical expenses, and expenses associated with the estate of deceased. This will greatly help you as you fight for the compensation you deserve.

Who Is Eligible To File A Wrongful Death Claim In Pennsylvania?

Pennsylvania law stipulates that only surviving members of the deceased party’s immediate family can bring forth a wrongful death action. This means that you will need to either be a spouse, child, or parent of your deceased loved one in order to pursue a wrongful death claim.

However, if no familial connections exist when someone passes, a personal representative or power of attorney may file the action.

How Long Do I Have To File A Wrongful Death Claim?

Dealing with the death of a loved one can be mentally and emotionally taxing enough as is, but it would be wise to take quick action if you would like to file a wrongful death claim.

In Pennsylvania, the law provides a two-year statute of limitations for wrongful death claims. This means that any wrongful death claims must be filed within two years of the date of death, or else the claim may no longer be applicable.

What Damages Can I Collect In A Wrongful Death Claim?

Much like you may find in many other cases, there are a number of recoverable damages for wrongful death claims. Some of these damages may include medical expenses, funeral costs, and any fees associated with administering estates. Depending on the scope of the case, there could be many damages with the potential for recovery.

What Evidence Should I Provide To Support My Claims?

When you are looking to support your claims of wrongful death, it is important that you provide comprehensive and convincing evidence. First and foremost, you will need a certified death certificate to verify your claims, followed by documentation of the cause of death and relevant medical records to corroborate your claims. This could include autopsy reports, medical records, or healthcare information.

You will also need to provide evidence proving the defendant’s negligence and the validity of your damages. It is important that you gather and secure any relevant documentation of medical care, funeral expenses, witness statements, and accident reports to build a strong portfolio of evidence.

How We Support Clients Like You

We certainly understand that emotions are high when you are confronting a wrongful death case, and we are here to support you through the complexities of your case.

At Compass Legal Group, we prioritize communication with all relevant parties, meaning that we strive to maintain a connection between you, your insurance companies, and any other key players in your case. Our firm commitment is that we will work to keep you comfortable and informed as we navigate your case together.

Still Have Questions? Ready To Get Started?

For more information on Wrongful Death Claims In Harrisburg, PA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (717) 204-2163 today.