In the state of Pennsylvania, a wrongful death claim and lawsuit can be brought against a party who negligently caused the death of a family member. If you’ve lost a family as the result of the negligence of someone else, there are certain basic points you need to understand about Pennsylvania wrongful death law. These include understanding who can bring a wrongful death claim and when a lawsuit must be filed in court.
Who can bring a wrongful death case in Pennsylvania?
Pennsylvania law delineates specific family members who have the ability to pursue a wrongful death case. These include:
If there are no family members eligible to bring a wrongful death lawsuit, the personal representative of the estate of the person killed as the result of the negligence of someone else is in a position to pursue this legal action.
When is a wrongful death lawsuit initiated?
Pennsylvania law includes what is known as the statute of limitations. The statute of limitations establishes the time frame when certain types of legal actions must be filed in court. A wrongful death lawsuit must be filed within two years of the date of the incident that caused the death of the family member. If a lawsuit is not filed within that time frame, a surviving family member generally is forever precluded from pursuing a wrongful death case.
Wrongful death lawsuits can prove to be complicated, challenging legal matters. If you are facing the prospect of pursuing this type of claim, you may want to protect your important legal interests by retaining the services of an experienced Pennsylvania wrongful death lawyer. A lawyer may review your case and explain the next steps to take.