Under traditional "common law" a wrongful death lawsuit did not exist. It was thought that the claim of the victim of a wrongful death died with that person. The Pennsylvania State legislature realized that this rule failed to compensate family members and others who suffered economic, and non-economic losses due to a person’s wrongful death in Pennsylvania, and enacted wrongful death laws to correct this problem.
Pennsylvania Wrongful Death Lawsuits
Pennsylvania’s wrongful death laws permit only individuals with a certain relationship to the victim to hire a wrongful death attorney to file a wrongful death suit. Below are the heirs who may file these actions, in descending order of priority:
- The wrongful death victim’s surviving:
- spouse
- children
- dependent stepchildren
- dependent minors living in the victim’s household for at least six months, and
- dependent parents.
If there are no heirs as described above, then wrongful death claimants include those who would be entitled to inherit the victim’s estate under the law of intestate succession: Parents, whether or not they were dependent; if there are none, then siblings or children of deceased siblings; if there are none, then grandparents; if there are none, then children of a deceased spouse.
If none of these relatives exist, the next of kin may file a wrongful death suit.
A wrongful death victim’s personal representative can also maintain a wrongful death action on behalf of the individuals listed above. A personal representative is a person appointed by the probate court to handle the wrongful death victim’s assets, or estate. When proceeds are received from the wrongful death suit, they may be distributed by the personal representative according to the wrongful death statute.
I am Jeffrey Harlan Penneys, Philadelphia wrongful death attorney. I have helped numerous clients through the difficult circumstances brought about by tragic wrongful death losses, and have obtained exceptional results in wrongful death suits. Call me today at 1-800-injury-law, I’m your advocate.
