09.21.2018

Who May Bring An Action For Wrongful Death?

Properly litigating a personal injury case ensuring that our clients complete and total recovery of their losses is always the first and foremost priority of the experienced personal injury and medical malpractice attorneys at Powell Law. If you require legal counsel and assistance in litigating a claim for damages resulting from a personal injury, contact Powell Law. We are experienced in fighting insurance companies to assert the rights of our clients.

When the death of a family member results from actions or events caused intentionally or negligently, Pennsylvania law offers two causes of action to compensate family members for their loss: wrongful death and survival. As to the former cause of action, wrongful death, who may bring such an action in a Pennsylvania civil court?

Only specified family members may bring an action for wrongful death. Pennsylvania law allows spouses, parents or children of a fatal accident victim to file a wrongful death lawsuit. If none of these family members are available, the personal representative of the decedent’s estate may file a wrongful death action. In the case of a survivor action, only a personal representative may file suit.

Wrongful death damages are measured by examining the effect on the family and its losses, rather than the losses of the decedent. Damages for wrongful death therefore include loss of income, loss of support, and the loss of the decedent’s companionship, guidance, and other contributions to family life.

Family members may also recover medical and funeral expenses in a wrongful death action. Wrongful death damages are not subject to estate taxes or creditor claims against the estate. Wrongful death actions distribute damages under Pennsylvania intestacy distribution rules. Damages are therefore distributed as though the victim died without a will.

If you or a loved one has suffered any type of injury in any type of accident, contact Powell Law at (570) 961-0777. Our decades of experience make us the preferred choice for representation in personal injury and medical malpractice matters in the Scranton/Wilkes-Barre and surrounding areas. Our attorneys, past and present, have represented victims for 112 years. The consultation is FREE and you don’t pay anything unless we win your case. Call today.

Who May Bring An Action For Wrongful Death?

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