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• Wrongful Death

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Wrongful Death legal definition: Wrongful death is a civil action filed when a person’s death was legally caused by someone else’s negligence. Damages that can be claimed in a wrongful death lawsuit include:

• Medical bills

• Funeral, burial, or cremation costs

• Lost wages and benefits

• Payments for pain and suffering

• Expenses related to the administration of the decedent’s estate 

• Payments for emotional distress, loss of companionship, and more

In Pennsylvania, the statute of limitations to file a wrongful death lawsuit is two years from the date the victim died. 

The purpose of a wrongful death suit is to compensate the loved ones of someone who dies from injuries caused by the negligence of someone else. Wrongful death suits can stem from:

• Car accident injury cases

• Slip and fall cases

• Medical malpractice cases

• Product injury cases

However, only certain people are permitted to bring a wrongful death action. Legally, the individuals who can file a wrongful death suit are referred to as “real parties of interest.” Real parties of interest in a potential wrongful death suit include:

• Immediate family members such as the decedent’s spouse or children (biological and/or adopted)

• Life partners and others who are financially dependent on the deceased 

• Distant relatives, which are legally defined as siblings and grandparents

• Parents of a deceased fetus

Types of wrongful death suits stemming from fatal car accident injuries include:

• Claims against the at-fault driver, or employer of the driver who caused the fatal accident

• The firm or company that designed or built a dangerous intersection or faulty roadway

• The manufacturer, designer, retailer, or wholesaler of defective cars or faulty car parts (such as airbags)

• The bartender or social host who overserved a drunk driver who caused the fatality

Sources:

https://www.nolo.com/legal-encyclopedia/wrongful-death-claims-overview-30141.html 

https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-pennsylvania.html 

https://www.alllaw.com/articles/nolo/medical-malpractice/filing-wrongful-death-lawsuit.html 

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Read more from Pribanic & Pribanic:

• Wrongful Death Attorney: Helping Your Family Cope

• Wrongful Death Lawyer

• Cause of Action Legal Definition