Losing a loved one because of another person's negligence or wrongful conduct can create lasting emotional and financial challenges for a family. Along with grief, surviving family members may face medical bills, funeral expenses, lost income, and other financial consequences. A Wrongful Death Lawyer Greensburg PA families can consult can explain Pennsylvania law and help eligible family members understand their potential legal options.

What Is a Wrongful Death Claim?

Pennsylvania law permits an action to recover damages when a person's death is caused by the wrongful act, neglect, unlawful violence, or negligence of another person. The state's wrongful death statute is found at 42 Pa.C.S. § 8301.

Wrongful death claims may arise from various situations, including:

• Motor vehicle accidents
• Truck and commercial vehicle crashes
• Workplace accidents
• Medical negligence
• Dangerous or defective products
• Premises liability incidents
• Construction accidents
• Other acts of negligence or wrongful conduct

The circumstances of each case determine whether a wrongful death claim may be available.

Who Can Bring a Wrongful Death Claim in Pennsylvania?

Pennsylvania law generally provides a wrongful death cause of action for the benefit of the deceased person's spouse, children, or parents. The statute also contains provisions concerning an action by the personal representative when there are no eligible beneficiaries under the specified subsection.

Because family relationships and estate circumstances can vary, it is important to determine who has the legal right to pursue a particular claim.

What Damages May Be Available?

A wrongful death can create both economic and other losses for surviving family members. Depending on the circumstances and applicable law, damages may include certain medical, hospital, nursing, funeral, and administration expenses resulting from the injuries that caused the death. Pennsylvania's wrongful death statute expressly addresses these special damages.

Other damages may depend on the specific nature of the claim, the relationship of the beneficiaries to the deceased, and applicable Pennsylvania law.

An attorney can review the circumstances and explain which categories of damages may be relevant.

Common Causes of Wrongful Death

Motor Vehicle Accidents

Serious automobile, motorcycle, and truck crashes can result in fatal injuries. When another driver's negligent conduct contributes to a fatal collision, surviving family members may have legal options to consider.

Medical Negligence

Medical treatment involves complex circumstances, and a wrongful death claim involving healthcare providers may require detailed review of medical records, treatment decisions, and applicable professional standards.

Workplace and Construction Accidents

Construction sites and other workplaces can involve substantial risks. When a fatal workplace incident occurs, families may need to consider workers' compensation benefits as well as whether other potentially responsible parties may be subject to a separate claim.

Premises Liability

Property owners and other responsible parties may have legal duties concerning dangerous conditions on their property. If a hazardous condition contributes to a fatal accident, the circumstances can be investigated to determine whether a legal claim may exist.

How a Wrongful Death Lawyer Can Help

A Wrongful Death Lawyer Greensburg PA families choose to work with can assist with investigating the circumstances surrounding a death and identifying potential sources of evidence.

Depending on the case, an attorney may:

• Review accident and incident reports
• Examine medical records
• Identify potentially responsible parties
• Gather witness information
• Review photographs or video evidence
• Analyze insurance coverage
• Calculate documented financial losses
• Communicate with insurance companies
• Prepare legal filings
• Negotiate a potential settlement
• Represent eligible family members in litigation

Having legal guidance can also help families understand procedural requirements while they are dealing with the aftermath of a tragic loss.

Pennsylvania's Time Limit for Wrongful Death Claims

Time limits are an important consideration in wrongful death cases. Pennsylvania's general statute of limitations provides that an action seeking damages for a person's death caused by wrongful conduct, neglect, unlawful violence, or negligence generally must be commenced within two years.

Pennsylvania appellate decisions have explained that a wrongful death claim generally accrues on the date of death, although specific circumstances can affect how limitation rules apply.

Because exceptions and additional procedural rules may apply, families should obtain legal advice as soon as reasonably possible rather than assuming a particular deadline applies without review.

What Should You Do After a Wrongful Death?

When a death occurs because of an accident or suspected negligence, family members may want to take several practical steps:

1. Preserve relevant documents, including medical records, accident reports, bills, and insurance correspondence.
2. Keep information about the incident, including photographs, witness details, and other available evidence.
3. Avoid making assumptions about liability before the circumstances have been properly investigated.
4. Be cautious when communicating with insurers about potential claims.
5. Seek legal advice promptly to understand applicable deadlines and available options.

Preserving evidence can become particularly important when accident scenes, surveillance footage, vehicle records, or other information may become unavailable over time.

Understanding Wrongful Death and Survival Actions

Pennsylvania law also recognizes a separate survival action. While a wrongful death claim addresses the losses associated with a person's death for eligible beneficiaries, a survival action can involve claims the deceased person could have pursued had they survived.

The two types of claims can involve different legal issues, damages, and beneficiaries. An attorney can explain how these claims may apply to the facts of an individual case.

Speak With a Wrongful Death Lawyer in Greensburg, PA

The loss of a family member can create challenges that extend well beyond the immediate emotional impact. Understanding the legal rights of eligible family members may help them make informed decisions during an extremely difficult period.

If your loved one died because of an accident, negligence, or another person's wrongful conduct, a Wrongful Death Lawyer Greensburg PA families can consult can review the circumstances, explain Pennsylvania law, and discuss potential legal options.