Who Can File a Wrongful Death Lawsuit in Pennsylvania?
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
Losing a loved one because of someone else’s negligence or misconduct is devastating. While no legal action can truly make up for the loss, a wrongful death lawsuit can provide financial relief for the surviving family. In Pennsylvania, state law defines who is allowed to bring such a claim and under what circumstances.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit arises when a person’s death is caused by the negligence, recklessness, or intentional actions of another. These lawsuits are designed to compensate surviving family members for losses such as funeral expenses, medical bills, lost income, and the loss of companionship.
Who Can File in Pennsylvania?
Under Pennsylvania law, the personal representative of the deceased person’s estate is the one who files a wrongful death lawsuit. This representative is typically the executor named in the will or, if there is no will, someone appointed by the court.
Although the lawsuit is filed by the personal representative, the compensation is for the benefit of certain family members, including:
- The spouse of the deceased
- The children of the deceased
- The parents of the deceased
If none of these family members survive, the wrongful death claim is not available, but other legal claims—such as survival actions—may still be possible.
Time Limits to File
Pennsylvania has a two-year statute of limitations for wrongful death claims. This means the lawsuit must be filed within two years of the person’s passing. Missing this deadline can bar surviving family members from pursuing compensation.
Why Legal Guidance Matters
Wrongful death cases are often complex, involving multiple parties, insurance companies, and detailed evidence. Having legal guidance ensures the claim is filed correctly, the family’s rights are protected, and the compensation sought reflects the true impact of the loss.
At The Law Office of Michael L. Studd, we can provide legal assistance to the Pennsylvania public in navigating these sensitive cases.
