People Also Ask: FAQS About Wrongful Death

Q: When do you need a wrongful death attorney?

The death claim process can be a complex matter, and there is a two-year Pennsylvania wrongful death statute of limitations to file a wrongful death suit, so it is a good idea to discuss your case with an attorney as soon as possible. The sooner we collect evidence and death claim requirements, the stronger your case will be. Pennsylvania wrongful death beneficiaries can include a spouse, children or parents in wrongful death suits.

Q: What are the statute of limitations in a wrongful death case?

Pennsylvania’s statute of limitations says a wrongful death claim must be filed within two years after the date of a person’s death.

Q: Who are the beneficiaries of a wrongful death claim?

According to Pennsylvania law: “Except as provided in subsection (d), the right of action created by this section shall exist only for the benefit of the spouse, children or parents of the deceased, whether or not citizens or residents of this Commonwealth or elsewhere. The damages recovered shall be distributed to the beneficiaries in the proportion they would take the personal estate of the decedent in the case of intestacy and without liability to creditors of the deceased person under the statutes of this Commonwealth.”

Q: What special damages exist for wrongful death lawsuits?

Special damages are as defined by Pennsylvania law: “In an action brought under subsection (a), the plaintiff shall be entitled to recover, in addition to other damages, damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death.”

Q: Can a representative file a wrongful death claim?

Pennsylvania law says a representative may take action when: “If no person is eligible to recover damages under subsection (b), the personal representative of the deceased may bring an action to recover damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death.”