In Pennsylvania, certain family members may be able to recover damages in a wrongful death lawsuit if their loved one died due to someone else’s negligence or intentional act. At Thomas, Conrad & Conrad Law Offices, our wrongful death lawyers understand the crucial elements that must be proven for a claim to be successful. We help our clients in the Lehigh Valley understand the key components that must be considered and what’s involved in winning a wrongful death lawsuit.
What Is Wrongful Death?
Under Pennsylvania law, an action may be brought to recover damages for a death caused by the wrongful act, negligence, neglect, or unlawful violence of another. A wrongful death claim must be brought by the personal representative of the deceased person’s estate, and only the surviving spouse, children, or parents of the deceased may be beneficiaries of any settlement or award that’s recovered.
Examples of Wrongful Death
Wrongful death claims often arise from someone being killed in a motor vehicle accident, slip and fall incident, or a violent act like assault. For example, in 2022 alone, 319 people were killed in drunk driving accidents, according to the Pennsylvania Department of Transportation (PennDOT) 2022 Pennsylvania Crash Facts and Statistics report. Depending on the circumstances, family members of some of the 319 who died may be entitled to file a wrongful death lawsuit against the party who caused a drunk driving crash.
Elements of Proving Wrongful Death in Pennsylvania
To prove a death was wrongful in Pennsylvania, the following elements must be present:
- Duty of care – One of the basics of proving fault in a wrongful death lawsuit is to show that the defendant owed a duty of care to the deceased person. For example, drivers on the road have a duty of care to drive in a responsible manner to avoid hurting others.
- Breach of duty of care – You must also show that a defendant breached the duty of care they owed to the deceased person. If someone failed to exercise a reasonable degree of care in a situation and it caused a death, they were negligent and breached their duty of care to another person. For example, a motorist who’s texting while driving and then causes a motor vehicle accident has breached their duty of care to others on the road.
- The breach caused the death – Another vital element involves proving that the defendant’s breach of duty caused the death. For instance, if a texting driver causes a fatal crash, your wrongful death attorney must show that the accident was the proximate cause of the person’s death.
- Damages – The victim’s family must suffer damages and losses due to their loved one’s death.
Proving these elements can be virtually impossible without proper legal training. Hiring an experienced personal injury lawyer can greatly increase your chances of winning a wrongful death suit.
Wrongful Death Statute of Limitations in Pennsylvania
In Pennsylvania, the wrongful death statute of limitations generally is two years from the date of death. Although there are rare exceptions, if you fail to file your wrongful death lawsuit within this time limit, you may lose your right to recover compensation.
That’s why it’s essential to contact a wrongful death lawyer as soon as possible if you believe a loved one’s death was caused by negligence or an intentional act. Although nothing can bring your loved one back, a compassionate wrongful death attorney can guide you through the legal process and help you find a sense of justice.
Contact Us to Learn More About Wrongful Death Lawsuits in Pennsylvania
At Thomas, Conrad & Conrad Law Offices, we’re dedicated to helping wrongful death and personal injury clients in the Lehigh Valley heal and move on with their lives. To schedule your consultation with a Pennsylvania wrongful death lawyer, contact us or call us at 610-867-2900.