Pennsylvania Wrongful Death Lawyer

Pennsylvania Wrongful Death Lawyer
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Wrongful Death Claims in PA

LLF Injury Lawyers is known for handling wrongful death cases throughout PA, and at a low 29% contingency fee.  Our top wrongful death lawyers are here to help.

Wrongful death in Pennsylvania, as in many jurisdictions, refers to a situation where an individual’s death is caused by the negligence, recklessness, or intentional actions of another party. The wrongful death laws in Pennsylvania allow certain family members or representatives to pursue a legal claim seeking compensation for the losses resulting from the death of their loved one.

LLF Injury Lawyers, with a low 29%  contingency fee, will fight to get you maximum compensation.

Here are key aspects of wrongful death cases in Pennsylvania:

Who Can File a Wrongful Death Claim in Pennsylvania?

  1. Spouse:

    • The surviving spouse of the deceased has the primary right to file a wrongful death claim.

  2. Children:

    • If there is no surviving spouse, the children of the deceased can file a claim.

  3. Parents:

    • If the deceased had no spouse or children, the parents of the deceased may file a wrongful death claim.

  4. Personal Representative:

    • If there are no surviving family members in the categories mentioned above, the personal representative of the deceased’s estate can file a claim.

Statute of Limitations:

In Pennsylvania, there is a specific time limit within which a wrongful death lawsuit must be filed. The statute of limitations for wrongful death cases in Pennsylvania is generally two years from the date of death. However, it’s crucial to consult with an attorney to ensure compliance with any changes in the law.

Damages in Wrongful Death Cases:

Compensatory damages awarded in Pennsylvania wrongful death cases are intended to compensate the surviving family members for the financial and emotional losses they have suffered due to the death. These damages may include:

  1. Economic Damages:

    • Medical Expenses: Costs associated with the deceased’s medical treatment.
    • Funeral and Burial Expenses: Costs related to the deceased’s funeral and burial.

  2. Non-Economic Damages:

    • Loss of Consortium: Compensation for the loss of companionship, guidance, and support provided by the deceased.
    • Pain and Suffering: Compensation for the emotional pain and suffering experienced by the surviving family members.

Establishing Liability:

To successfully pursue a wrongful death claim, the plaintiff (the party filing the claim) must establish that the death was caused by the negligence, recklessness, or intentional actions of another party. This involves proving the following elements:

  1. Duty of Care:

    • Demonstrating that the defendant owed a duty of care to the deceased.

  2. Breach of Duty:

    • Showing that the defendant breached their duty of care through negligence or wrongful conduct.

  3. Causation:

    • Establishing a direct link between the defendant’s actions and the death.

  4. Damages:

    • Demonstrating the specific damages suffered by the surviving family members.

Survival Actions:

In addition to a wrongful death claim, Pennsylvania law allows for the pursuit of a survival action. A survival action is brought on behalf of the deceased person’s estate to seek damages for any pain and suffering, medical expenses, and other losses the deceased experienced before their death.

Consultation with an Attorney:

Navigating a wrongful death case can be complex, and it is advisable for the surviving family members to consult with an experienced wrongful death attorney. An attorney can provide guidance, assess the strength of the case, and work to secure fair compensation for the losses suffered due to the wrongful death of a loved one.

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Types of Wrongful Death Claims

Wrongful death claims typically arise from situations where a person’s death is caused by the negligence, recklessness, or intentional actions of another party. While many wrongful death claims involve common scenarios such as car accidents, medical malpractice, or workplace incidents, there can be unusual or unique circumstances that lead to such claims. Here are some examples of unusual wrongful death claims:

1. Animal Attacks:

  • If a person dies as a result of a vicious animal attack, the owner of the animal may be held responsible for negligence or failure to control the animal.

2. Defective Products:

  • Wrongful death claims can arise from the use of defective products that result in fatal injuries. This may include faulty medical devices, dangerous drugs, or defective consumer products.

4. Failure to Warn:

  • If a person dies due to a lack of warning about potential dangers associated with a product or property, the responsible party may be held liable.

5. Sports and Recreational Activities:

  • Deaths occurring during sports or recreational activities may lead to wrongful death claims if negligence or recklessness is involved. This could include incidents during extreme sports, amusement park rides, or organized sports events.

6. Defective Vehicles:

  • Wrongful death claims can arise from accidents caused by defective vehicles, including design flaws or manufacturing defects that contribute to a fatal crash.

7. Criminal Acts:

  • If a person dies as a result of criminal actions, such as assault, the family may pursue a wrongful death claim against the perpetrator. In some cases, property owners or other parties may also be held liable if inadequate security measures contributed to the crime.

8. Environmental Contamination:

  • Wrongful death claims can be filed if a person dies due to exposure to hazardous substances caused by environmental contamination. This may involve toxic chemicals, pollution, or unsafe living conditions.

Inadequate Security Wrongful Death Claims

Inadequate security wrongful death claims arise when a person dies as a result of criminal activity on a property, and it is alleged that the property owner or occupier failed to provide adequate security measures to prevent foreseeable harm. These claims typically fall under the broader category of premises liability, where property owners have a duty to maintain a reasonably safe environment for individuals on their premises. Here are key points to understand about inadequate security wrongful death claims:

1. Premises Liability and Duty of Care:

  • Property owners have a legal duty to maintain a safe environment for visitors, guests, and customers. This includes taking reasonable steps to prevent criminal activities on the premises.

2. Foreseeability:

  • Inadequate security wrongful death claims often hinge on the concept of foreseeability. Property owners are expected to anticipate potential criminal activities based on the property’s location, history, and other relevant factors.

3. Types of Properties Involved:

  • Inadequate security claims can arise in various types of properties, including apartment complexes, hotels, shopping malls, parking lots, schools, and other public or private spaces.

4. Common Scenarios Leading to Claims:

    • Assaults and Robberies: Incidents involving assaults, robberies, or other criminal activities that result in the death of an individual.
    • Shootings: Cases where shootings occur on the premises due to inadequate security measures.
    • Sexual Assaults: Claims arising from sexual assaults on the property, leading to the death of the victim.

5. Elements of an Inadequate Security Wrongful Death Claim:

  • Duty:
    • Establishing that the property owner owed a duty of care to provide a reasonably safe environment.
  • Breach of Duty:
    • Demonstrating that the property owner breached this duty by failing to implement adequate security measures.
  • Causation:
    • Establishing a direct link between the inadequate security and the death of the victim.
  • Damages:
    • Demonstrating the specific damages suffered by the surviving family members as a result of the wrongful death.

6. Security Measures:

  • Adequate security measures may include the installation of proper lighting, surveillance cameras, security personnel, access control systems, and other precautions based on the property’s characteristics.

7. Negligent Hiring or Training:

  • In some cases, claims may involve allegations of negligent hiring or training of security personnel, suggesting that the property owner did not take appropriate steps to ensure the competence of security staff.

8. Third-Party Criminal Acts:

  • Inadequate security claims focus on the property owner’s responsibility to protect against foreseeable criminal acts. This may include incidents perpetrated by third parties, such as intruders or criminals.

9. Potential Defendants:

  • Defendants in inadequate security wrongful death claims may include property owners, landlords, property management companies, security companies, and others responsible for maintaining the safety of the premises.
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