Losing a loved one due to someone else’s negligence or recklessness is a terrible hardship for any family to endure. While no action can replace a life, a wrongful death claim can provide compensation to eligible family members.
Who is eligible for compensation?
Pennsylvania law states that spouses, parents and children can recover compensation, or damages, in a wrongful death suit. There is no compensation available to aunts, uncles, siblings, grandparents or other extended family – even if they were dependents of the deceased.
Because Pennsylvania’s wrongful death statutes only provide for a legally recognized family member, an unmarried partner of the deceased would also not be eligible for compensation.
The personal representative
Although eligible family members are able to recoup losses from losing a loved one, under Pennsylvania Rule 2202 , only the “personal representative” of the decedent’s estate can file the lawsuit.
This person will act as a trustee, representing every family member who may be entitled to compensation from the claim. He or she will also handle the distribution of compensation among the family members if or once received.
A personal representative may be chosen by the family or by the court.
What compensation is available?
The following damages may be recoverable in a Pennsylvania wrongful death suit:
- Funeral/burial expenses for the deceased
- Estate administration expenses
- Medical bills
- Loss of consortium
- Loss of income provided by the deceased
Individuals with specific questions about the wrongful death process and what they can recover are encouraged to reach out to a personal injury attorney with knowledge helping others in similar situations.
