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THE HOMYAK LAW FIRM, P.C.

Protecting Accident Victims Throughout Western Pennsylvania.

What are the general rules of a wrongful death lawsuit?

On Behalf of | Jun 13, 2019 | Uncategorized

Losing a loved one due to the negligence or actions of another person is devastating. It is bad enough that you have to face the death of someone you care about, but couple that with knowing it was preventable and did not have to happen, and it makes it even more difficult. That is why the law in Pennsylvania gives you a chance to at least make the other person accountable for what happened.

According to the Pennsylvania General Assembly, you can bring a wrongful death lawsuit against the person. Do note that you can only sue someone for this if the person who died did not already sue and get damages for the same injury or situation that led to his or her death.

In addition, you must have a specific relationship with the person who died. Under the law, you must be that person’s spouse, child or parent. If you do not fall into any of those categories, then you cannot bring a case. If there is no spouse, child or parent to bring a lawsuit, a personal representative may do so, but in that case, damages have a limit.

In general, damages for a wrongful death case include money to pay for related expenses and for loss of support and possibly pain and suffering. If a legal representative brings the case to court, only damages for expenses are available. The final say is up to the court, though, which can assess damages as it sees fit. This information is for education and is not legal advice.