If you have lost a loved one because of someone else’s negligence or recklessness, nothing can bring them back or right the wrong your family has suffered. With a personal injury claim, however, you can seek just compensation, which can help you on the path toward healing. If you are in this very difficult position, you need an experienced Philadelphia, PA, wrongful death attorney on your side.
Your Wrongful Death Claim
In Pennsylvania, you can file a wrongful death claim if you lose a close family member to another person or entity’s negligence or recklessness – the same way that your loved one could have filed a personal injury claim if they had survived the accident. The personal representative of your relative’s estate – as named in their will – will file the claim on your behalf. If your loved one did not name a personal representative in their will, the court will assign one.
Those heirs of the decedent – or the person who lost their life – who are eligible for compensation in Pennsylvania include the following:
- The decedent’s surviving spouse
- The decedent’s surviving children
- The decedent’s surviving parents
If none of these apply, the claim settlement will be dispersed in accordance with the state’s laws of inheritance. One of the most common causes of wrongful death claims throughout the nation is car accidents, and the Pennsylvania Department of Transportation (DOT) reports that 319 people lost their lives to drunk drivers in 2022 alone.
The Elements of Your Wrongful Death Claim
The required elements of successful wrongful death claims include all the following:
- The at-fault party owed the decedent a duty of care, which meant they had a responsibility for their safety. A prime example is the duty of care we owe one another on the road.
- The at-fault party breached their responsibility to the decedent, which means they failed to uphold it.
- The at-fault party’s negligence was the direct cause of the accident that caused the decedent’s death.
- The decedent’s heirs suffered losses that are addressed by the law.
Your Losses
In your wrongful death claim, you can seek compensation for all the following categories of loss:
- Your loved one’s final medical expenses
- The cost of your loved one’s funeral and burial
- The physical and emotional pain and suffering your loved one experienced before succumbing to their final injuries
- The loss of your loved one’s income and benefits
- The loss of companionship you experience