November 10, 2023
Experiencing the loss of a loved one due to the negligence of another is undoubtedly one of the most difficult things anyone can go through. While it’s never easy to move on from a loss, it’s important to seek justice and accountability for the responsible party. In Pennsylvania, a wrongful death lawsuit can be filed on behalf of the deceased’s surviving family members. This blog post will explore who can file a wrongful death claim in Pennsylvania, the legal aspects of the lawsuit, and how an attorney can help. What Is A Wrongful Death Lawsuit? A wrongful death lawsuit is a civil action brought by the surviving family members of someone who has died due to the negligence or misconduct of another person or entity. It’s different from a criminal case, where the defendant may face punishment such as imprisonment or fines. In a wrongful death lawsuit, the aim is to hold the responsible party accountable and receive compensation for the damages that result from the loss of the deceased person. This includes medical bills, funeral expenses, lost income, and emotional distress. Who Can File A Pennsylvania Wrongful Death Claim? In Pennsylvania, only certain family members can file a wrongful death claim. This includes the spouse, children, or parents of the deceased. If none of these family members are available, the administrator of the deceased person’s estate can file on behalf of other family members. Siblings, grandparents, and other relatives are not eligible to file a wrongful death claim in Pennsylvania. Can Siblings In Pennsylvania File A Wrongful Death Claim? As stated above, siblings are not eligible to file a wrongful death claim in Pennsylvania. However, siblings may be awarded damages if they financially depend on the deceased. For example, if the deceased was providing financial support to their siblings before their passing, those siblings may be able to recover damages to compensate for that loss of support. How Can An Attorney Help Me? If you’ve lost a loved one due to someone else’s negligence, it’s essential to hire an experienced wrongful death attorney to help navigate the complex legal process. An attorney can help investigate the accident, gather evidence, and represent you in court to hold the responsible party accountable. An attorney can also provide support and guidance to the surviving family members as they go through the grieving process. In summary, a wrongful death lawsuit is a civil action brought by the surviving family members of someone who has died due to the negligence or misconduct of another person or entity. In Pennsylvania, only certain family members can file a wrongful death claim, including the spouse, children, or parents of the deceased. While siblings cannot typically file a wrongful death claim, they may be able to recover financially dependent damages. An experienced wrongful death attorney can help guide you through the legal process and ensure that justice is served for your loved one’s loss. At LAWFIRMNAME, we are here to assist the Pennsylvania public with wrongful death accidents matters.