Our experienced Wrongful Death Lawyers in PA can help bring justice after tragedy.
If you’ve lost someone in a tragic accident, our hearts go out to you. When an individual’s actions lead to a fatal accident, the surviving family can hold the responsible party accountable and seek compensation. The compassionate team of Pennsylvania wrongful death attorneys at Kitay Law Offices will fight for your justice and compensation. We’ve served grieving families in Pennsylvania for over 25 years and have recovered millions of dollars for our clients.
Contact us to schedule your free, confidential case evaluation. Fill out our online form or call 888-KITAYLAW. We are The Law Firm With a Heart and we are here for you 24/7.
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Should I Get a Lawyer for Wrongful Death in PA?
You will need a wrongful death lawyer when someone else’s negligence causes the death of a loved one. Some wrongful death lawsuits follow a criminal case in which another person unlawfully killed a victim, but most involve negligence and Pennsylvania Civil Law.
The experienced Pennsylvania wrongful death attorneys at Kitay Law Offices will often file a wrongful death civil lawsuit where families can seek to recover wrongful death damages like:
- Hospital and medical bills before the person’s death
- Pain and suffering the deceased experienced before their time of death
- Lost wages from between the person’s injury and the time of death
- The decedent’s emotional distress before their death
- Costs related to the funeral, burial expenses, and administration of the decedent’s estate
Don’t go it alone. Contact our skilled Pennsylvania wrongful death lawyers to schedule your free and confidential case evaluation.
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Filing a Wrongful Death Lawsuit in Pennsylvania
A personal injury lawsuit and a wrongful death claim are similar kinds of lawsuits. Both actions will result from the same types of events. For families who lose a loved one in a wrongful death incident, filing a lawsuit might not be the first thing on their minds. However, untimely accidental deaths often cause both emotional and financial losses. The damages available in a wrongful death lawsuit can help shift some of the burden to the liable party.
A licensed and compassionate Pennsylvania personal injury attorney at Kitay Law Offices can help you file a wrongful death claim in PA.
Some of the steps each knowledgeable wrongful death attorney at Kitay Law Offices may take following your loved one’s death include:
- Determining Eligibility and Strength of Your Case
- Gathering Evidence to Support Legal Action
- Drafting Your Complaint Against the Negligent Party
- Filing Your Complaint Against the At-Fault Party
- Serving the Defendant with the Wrongful Death Suit
- Completing the Discovery Process to Confirm the Negligent Act
- Pre-Trial Motions and Negotiating Wrongful Death Compensation
- Litigation at Trial for your Wrongful Death Case
- Post-Trial Steps to Obtain Your Wrongful Death Compensation
Count on us, The Law Firm With a Heart, to help you navigate complex wrongful death legal matters in Pennsylvania.
Contact us online or call us 24/7 at 888-KITAYLAW.
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Lawsuit Cut-Off Date: Pennsylvania Wrongful Death Statute of Limitations
In Pennsylvania, families must typically file a wrongful death case within two years or less from the date of the accident.[1] A surviving spouse or other surviving family members will often struggle emotionally and financially after a family member’s death. While loved ones will need time to grieve, you should not wait to speak to a PA wrongful death lawyer about your claim.
The wrongful death statute of limitations for Pennsylvania means your ability to file a wrongful death claim has a cut-off date. If the statute of limitations expires, the courts will typically not hear the matter and will reject your claim. The court will bar the claim even if the family has an otherwise valid lawsuit.
Although two years may sound like a long time, the sooner you speak to a wrongful death attorney, the better. Our legal team can help by speaking to the insurance company on your behalf and filing a wrongful death lawsuit. Providing your representative with extra time to investigate, build a strategy, correctly file your wrongful death lawsuit, and attempt to negotiate a fair settlement will help improve your case.
Call the PA wrongful death lawyers at Kitay Law Offices today for a free consultation at 888-KITAYLAW.
Contingency Fees for Our PA Wrongful Death Law Firm
For wrongful death cases at Kitay Law Offices, we use the popular contingency fee model for legal representation: if you don’t win, you don’t pay. That also means our law firm handles the heavy financial lifting of accident investigation, litigation, and other expenses related to your case.
Our legal fees for wrongful death cases are based on a percentage of any cash settlement or verdict we are able to obtain for you from your wrongful death lawsuit.
We put our fee agreement in writing and will review it with you to make sure you understand exactly how payment works for our legal services.
What is Wrongful Death? Definition
Wrongful death occurs when someone dies as a result of another party’s negligent, reckless, or intentional conduct. To file a successful wrongful death claim, your wrongful death lawyer will have to be able to prove several things, including:
- The at-fault party acted negligently when they caused the accident that killed your loved one
- That person owed a duty of care
- The at-fault party violated their duty of care
- The violation of the defendant’s duty led to the victim’s death
- You experienced emotional and financial losses because of your loved one’s death
Common Wrongful Death Examples
Certain types of accidents commonly lead to personal injuries and, potentially, fatalities. Wrongful death claims frequently fall into one of the below categories.
Wrongful Death Car Accidents
Personal injury cases often involve negligent drivers who cause a car accident. Some common causes of car accidents include drivers who are drunk, distracted, texting, speeding, or violating other traffic laws.
If your loved one died in a car accident, our PA wrongful death attorneys will work to prove that another driver negligently operated their vehicle and that the negligent act caused a collision that killed your loved one.
In that circumstance, the driver owed everyone on the road a duty to operate their vehicle as a reasonably cautious driver. A violation of that duty would include running through a red light or any number of other traffic violations. If that driver did violate a red light and therefore crashed into your loved one’s car, then the violation is a cause of the victim’s death. As a result, motor vehicle accidents often result in a wrongful death suit.
Pedestrian and Bike Crashes Wrongful Death Lawsuits
People in vehicles are not the only ones at risk on the road. Anyone walking or cycling near the traffic flow is potentially at risk of being hurt or killed by motorists.
Medical Malpractice Claims
We rely on medical professionals to keep us healthy and safe. However, malpractice in the medical field leads to injuries and death more often than many people realize. Doctors may cause injuries by failing to diagnose the condition, prescribing the wrong medication, or harming a patient during a surgical procedure. Medical malpractice cases often lead to personal injury and wrongful death claims.
Premises Liability
Injuries that occur because of dangerous circumstances on a piece of property may lead to a wrongful death claim. For example, if you walk into a store and trip on broken tiles that the building manager or owner failed to repair, you may have grounds for a personal injury claim. The law demands that property owners and managers keep their premises reasonably safe.
The level of care owed will vary depending on whether the victim is a customer at a store, a social visitor, or a trespasser. However, some level of care will exist in any of these cases. If a fall or other premises-related injury leads to death, the victim’s family may have a wrongful death claim against the owner or manager. If this happens you will need a wrongful death lawyer.
Product Liability
Product liability claims involve a dangerous product that causes injury or death to a person who uses that product in a foreseeable way or as intended. One example of a product liability claim would be if a victim suffered fatal injuries in a minor car crash because their airbag exploded with too much force.
Workplace Accidents
Injuries and fatalities at workplaces may also lead to wrongful death claims. Certain professions are more prone to these types of accidents. For example, industrial sites, factories, and construction sites tend to be potentially dangerous for workers.
If you lost a family member in a workplace accident, speak to a wrongful death lawyer in Pennsylvania about whether you should file a wrongful death action or workers’ compensation claim. Both claims may be possible, depending on the circumstances.
SEE MORE: PA Workers’ Compensation Lawyers
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit aims to secure compensation for the losses families endure due to the absence of a loved one. This includes damages for emotional suffering, lost income, and other related losses. Courts will calculate your damages based on the loss from the time your loved one died through your expected lifespan.
Pennsylvania Wrongful Death Damages
In PA wrongful death cases, you may recover financial compensation, known as “damages” for the following:
- Financial support the deceased individual provided
- The work that the deceased individual contributed to the home
- The loss of companionship and guidance provided by the deceased
- In the case of spouses, the loss of affection due to your loved one’s death
PA Wrongful Death Law & The Pennsylvania Wrongful Death Act
Are you wondering, “How does a wrongful death lawsuit work?” In Pennsylvania, the law provides two different types of claims relating to a loved one’s death. First, there are wrongful death claims under PA Title 42 Section 8301, sometimes called the Pennsylvania Wrongful Death Act.[2] Secondly, there are survival actions under 42 Pa. Cons. State. Ann. Section 8302.[3]
The experienced team of wrongful death lawyers at Kitay Law Offices understands Pennsylvania wrongful death law and can navigate your wrongful death lawsuit. Call on us 24/7 to schedule your free case evaluation.
“An action may be brought, under procedures prescribed by general rules, to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during his lifetime and any prior actions for the same injuries are consolidated with the wrongful death claim so as to avoid a duplicate recovery.”[4]
Wrongful Death vs Survival Action in Pennsylvania
Survival actions differ from wrongful death claims because they seek to address separate grievances from those involved in a wrongful death lawsuit. In a survival action, a deceased person’s estate can seek to recover losses experienced by the decedent.
For instance, in a survival action, you may recover for:
- The cost of medical bills associated with the person’s death
- Compensation for any pain and suffering your loved one experienced before their time of death
- Lost wages which would have been earned by the deceased person from the time of injury to the time of death
- The emotional distress suffered by the deceased prior to their death
- Expenses associated with the funeral, burial, and administration of the decedent’s estate
There are technical differences between how the state taxes damages recovered in these two types of actions. Pennsylvania wrongful death beneficiaries recover compensation differently in settlements or verdicts for either of these claims as well.
Contact a wrongful death attorney at Kitay Law Offices to get your important questions answered.
Comparative Negligence Claims in Pennsylvania
Motor vehicle accidents and other similar events can often be difficult to understand after the fact. In many cases, more than one person will be responsible for causing a collision. If someone suffers injuries or dies because of that crash, the victim or their family members may need to demonstrate that the other driver or other person is more at fault for the accident than the victim. Individuals who share liability may still recover from a more at-fault party because Pennsylvania practices comparative negligence.[5]
How to Calculate Comparative Damages
Imagine that a motorcyclist is speeding as they approach a vehicle in an adjacent lane. Next, the driver in the other lane changes into the motorcyclist’s lane without checking their blind spot or using a turn signal. The two vehicles collide. In this scenario, both motorists may share liability. Of course, the motorcyclist, in this case, will be more likely to suffer the consequences of the crash.
If the motorcyclist dies in that collision, family members may wish to hold the driver of the other vehicle accountable. Filing a wrongful death action or a survival action can accomplish that objective. The driver in the other car may argue that the motorcyclist, who was speeding, bears most of the responsibility.
In this case, courts may assign a percentage of liability to each of the motorists. As long as the motorcyclist was 50 percent, or less, liable for the crash, the family would still be able to recover damages.
The ability to recover damages remains so long as the victim is not more at fault than the other individual. However, in such matters, the victim’s family will recover a lower percentage of the damages.
Understanding a Wrongful Death Lawsuit Payout
In the above example, imagine the court found that the motorcyclist was 40 percent at fault. The other driver would therefore be 60 percent at fault. If the court calculates the total compensation for the loss of life at $1,000,000, the family will recover $600,000 in their wrongful death lawsuit. The reduced damages will reflect a motorcyclist’s share of liability for the crash. Now, you have a general idea of how a wrongful death lawsuit works.
Free Case Review with a Trusted Pennsylvania Wrongful Death Law Firm
Kitay Law Offices has more than 25 years of experience representing clients who have lost immediate family members. Schedule your free, confidential case evaluation with our experienced wrongful death attorneys in PA today. We will listen to your important story, and will compassionately guide you through the legal process.
We are The Law Firm With a Heart, and our wrongful death lawyers are here for you. Contact us 24/7.
Frequently Asked Questions about Wrongful Death Cases in PA
Only certain relatives have the right to file a wrongful death claim. Pennsylvania wrongful death beneficiaries include spouses, children, and parents. These are the only surviving family members who may file a claim.
Survival actions are different. A personal representative, such as an executor or administrator of the decedent’s estate, must bring the action. The beneficiaries named in the decedent’s will and testament can recover the damages from that lawsuit. In some cases, a personal representative will fail to file a claim within six months of the person’s death. If that happens, beneficiaries can take the steps necessary to file a survival action on their own behalf. When a decedent listed a charity as a beneficiary in their will, that organization may also recover compensation.
The US Department of Justice notes:
“The spouse, children, or parents of the deceased may recover in proportion to what they would take under the intestate laws. If there is no spouse, children, or parents, the personal representative can only collect damages on behalf of the deceased (hospital, nursing, medical, funeral expenses, and expenses of administration necessitated by injuries causing death).”[6]
To prove wrongful death in Pennsylvania, you generally need to establish four key elements:
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- Duty of Care – You must show that the defendant owed a duty of care to the deceased person.
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- Breach of Duty – You must demonstrate that the defendant breached this duty.
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- Causation – You need to prove that the defendant’s breach of duty directly caused the death of the individual.
- Damages – You must show that the death caused measurable damages to the deceased’s family or estate. These damages can include medical expenses, funeral costs, lost wages and benefits, and the emotional and financial suffering of the surviving family members.
Every case is unique. On average, a wrongful death lawsuit in Pennsylvania follows a similar timeline to personal injury cases:
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- Personal injury timeline – typically 1.5 years to reach a settlement in a case
- Personal injury litigation timeline – typically two years when additional litigation is needed to resolve the case
In Pennsylvania, wrongful death settlements are generally not taxable because they are meant to reimburse for losses such as medical expenses, funeral costs, and loss of companionship. Since they compensate for actual losses, they are typically exempt from both state and federal income taxes.
When punitive damages (meant to punish the defendant) are awarded, that portion may be taxable as income. Survival action settlements are typically subject to estate and inheritance taxes and creditor claims.
The value of a wrongful death case in Pennsylvania can vary significantly depending on several factors. There is no set amount for these cases, as the compensation depends on the specific circumstances surrounding the death and the impact on the surviving family members.
While every case is different, wrongful death settlements in Pennsylvania can range from tens of thousands to millions of dollars. Cases involving medical malpractice, catastrophic accidents, or gross negligence may result in higher awards.
Pennsylvania’s Wrongful Death Act typically governs how to divide a wrongful death settlement and depends on the unique circumstances of the case. In general, these are the steps taken:
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- Identify the Beneficiaries
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- Settlement Allocation Process – under either a wrongful death claim, survival claim, or both.
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- Agreement Among Family Members – keeping in mind the level of financial support the deceased provided to each beneficiary and any emotional loss or other non-economic damages to each beneficiary.
- Court Approval – including for beneficiaries who are minors.
PYes, you can sue a hospital for wrongful death in Pennsylvania if you can prove that the hospital’s medical malpractice or actions contributed to the death of a patient. Hospitals can be held liable for a variety of reasons, including the actions of their employees or a failure in their procedures or systems.
