Wrongful Death Claims After a Fatal Car Accident in Pennsylvania

Losing a loved one is never easy, especially when their death could have been prevented. In Pennsylvania, families who have lost someone due to a fatal car accident may be entitled to compensation through a wrongful death claim. While no amount of money can replace the loss of a loved one, these claims offer a way to hold the responsible party accountable and ease some of the financial burdens caused by such a tragic event. Understanding the legal process involved can help surviving family members navigate the aftermath more effectively.

What is a Wrongful Death Claim?

In Pennsylvania, a wrongful death claim arises when someone dies as a result of the negligent or reckless actions of another party. These claims can be filed by the deceased person’s family members or their estate. If you believe a loved one has passed away due to another person’s negligence or wrongful act, you may be able to seek justice through the Pennsylvania wrongful death statute.

A fatal car accident may be the result of various factors such as speeding, distracted driving, drunk driving, or running a red light. If any of these factors contributed to the accident that led to the death, a wrongful death claim may be filed against the responsible party or parties.

Who Can File a Wrongful Death Claim?

In Pennsylvania, the law allows certain individuals to file a wrongful death claim on behalf of the deceased person. Typically, the surviving spouse, children, or parents of the deceased can file a claim. If none of these individuals exist or if they do not want to pursue the claim, the personal representative of the deceased person’s estate can file on their behalf.

It’s important to note that the person filing the claim does so not just for themselves but for the benefit of all the beneficiaries. This can include the deceased’s spouse, children, and even parents. Compensation is typically divided among the beneficiaries based on their relationship with the deceased.

How Long Do You Have to File a Wrongful Death Claim?

In Pennsylvania, the statute of limitations for filing a wrongful death claim is typically two years from the date of the fatal accident. This means that the family members or estate of the deceased must file the claim within this time frame or risk losing the ability to seek compensation.

It’s crucial to act as soon as possible after the fatal accident. The legal process involved in filing a claim can be lengthy, and evidence may become harder to gather over time. Witnesses may forget important details, or physical evidence may be lost. Additionally, medical records and accident reports can sometimes take time to obtain, making early legal involvement crucial.

What Damages Can Be Sought in a Wrongful Death Claim?

While no amount of money can bring back a loved one, a wrongful death claim can help the surviving family members with the financial hardships they face due to the sudden loss. In Pennsylvania, the types of damages that can be sought in a wrongful death claim include:

Funeral and Burial Expenses: The costs associated with the funeral, burial, or cremation of the deceased can be recovered as part of the claim.
Loss of Financial Support: If the deceased was the primary breadwinner in the family, the survivors can seek compensation for the financial support they would have received had the person lived.
Loss of Companionship and Guidance: Surviving spouses, children, and sometimes parents can seek compensation for the loss of companionship, care, and guidance that the deceased provided.
Pain and Suffering of the Deceased (Pre-Death Suffering): In some cases, the claim may include compensation for the deceased person’s pain and suffering before they passed away. This is often called survival action, and it is a separate claim that can be filed alongside the wrongful death claim.
Punitive Damages: In cases where the defendant’s actions were grossly negligent or intentional, the court may award punitive damages. These damages are meant to punish the responsible party and deter others from similar conduct in the future.

Establishing Negligence in a Fatal Car Accident

For a wrongful death claim to be successful, it must be proven that another party’s negligence directly caused the fatal car accident. Some of the most common causes of fatal car accidents include:

Distracted Driving: Texting, talking on the phone, eating, or any other distractions can significantly impair a driver’s ability to focus on the road, leading to fatal accidents.
Drunk or Impaired Driving: Driving under the influence of alcohol or drugs is one of the leading causes of fatal accidents. The driver’s impaired judgment can result in deadly crashes.
Speeding: Driving at excessive speeds reduces the time a driver has to react to potential hazards, increasing the likelihood of accidents.
Reckless Driving: This includes behaviors such as tailgating, changing lanes without signaling, and disregarding traffic signals, all of which can lead to fatal accidents.

To prove negligence, a personal injury lawyer will gather evidence, including accident reports, witness testimony, and expert testimony to show that the responsible party acted recklessly or carelessly. This evidence will help demonstrate how the actions of the defendant led to the tragic death of your loved one.

Why You Need an Experienced Lawyer

Filing a wrongful death claim can be a complex process, especially during such a difficult time. An experienced wrongful death lawyer will help guide you through the legal process, ensuring that your claim is filed on time and with the proper documentation. They can help you understand your rights and fight for the compensation you deserve.

A lawyer will also handle communications with insurance companies and the defendant’s attorneys, so you do not have to deal with the stress and burden during your grief. Most importantly, a lawyer can help ensure that you pursue the maximum amount of compensation available under Pennsylvania law.

Conclusion

Losing a loved one in a fatal car accident is a painful and devastating experience. While pursuing a wrongful death claim can’t bring back your loved one, it can provide the financial support your family needs to move forward. If you believe that your loved one’s death was caused by another person’s negligence, it’s important to consult with a wrongful death attorney who can help you navigate the process and fight for justice.