This lawsuit is a civil action
What Qualifies for Wrongful Death Lawsuit
Several scenarios can result in wrongful death; these include
- Motor-vehicle accidents
- Toxic torts
- Medical malpractice
- Manufacturing defects on a piece of equipment or product
- Criminal activity
Pennsylvania law offers two ways for the deceased
a wrongful death lawsuit; and
a survival action.
This is crucial to ensure that you have covered all bases and receive every
penny of compensation
Wrongful Death Lawsuit
A wrongful death lawsuit in Pennsylvania seeks to compensate the family
of the deceased
Financial support that the deceased would have contributed to the family
if they were alive. Th
is support may include food, clothing, housing, education, entertainment, gifts, and medical care;
- Work contribution by the deceased including cooking, child care, yard work, and cleaning;
- Loss of companionship, comfort, and guidance of the deceased; and
loss of love, affection, and sexual relationship if you are the deceased’s spouse.
Survival Action Lawsuit
In a survival action lawsuit in Pennsylvania, you can seek compensation for losses and expenses caused by an injury due to the accident. The calculation of these injuries starts from the time the deceased incurred the injury until the time of their death.
This is somewhat similar to a
personal injury lawsuit
- Hospital and medical bills related to the injuries and treatment;
- Pain and suffering due to injury;
- Lost wages of the deceased from the time of the accident until their death;
- Estate administration cost;
- Funeral expenses; and
- Emotional distress due to the accident and injury.
Who can File the Wrongful Death Lawsuit in Pennsylvania
A personal representative, executor, or administrator of the estate can
file a survival action lawsuit on behalf of the beneficiaries named in
the will of the deceased person. Typically, the beneficiaries would be
the deceased’s surviving spouse, parents
If a personal representative fails to f
That said, the rules
If a victim dies due to intentional violence or action of a person, then
the victim’s family can file
What You Must Prove
If you are the family member or legal beneficiary of the deceased (according to their will), you will need to show the court that the accused party owed the deceased a duty of care.
In addition, you will have to convince the jury that the intentional or
unintentional breach of duty by the defendant caused injuries and the
eventual wrongful death of the person. You will also need to prove
For this, you will need professional help from
Wrongful Death Compensations
- The pre-death pain and suffering of the deceased (applicable in survival action claims);
- The costs of medical treatments for the injuries related to the accident causing the death;
- Funeral and burial expenses;
- Loss of household income due to the loss of deceased;
Loss of inheritance that heirs will have to bear due to
theloss of thedeceased;
- Cost of the services that the deceased would contribute to the family if they were alive;
- Loss of guidance, care, love, affection, and nurture to the children, spouse, and other beneficiaries; and
- Loss of consortium.
Jason R. Carpenter, Experienced in Wrongful Death Claims
The experienced attorneys at The Law Office of Jason R. Carpenter have been helping the residents of Pennsylvania fight for their rights for many years. We have the experience, dedication, and knowledge to guide you during the complex process of wrongful death claims.
We will ensure that you receive the compensation you really deserve for
“He made a long drawn out process seem easy!”- Lechele
“Confident, thorough, and trustworthy.”- Tara
“Honest, straightforward and fights for YOU!”- Melissa W.