Losing a family member is a devastating event. When that loss happens suddenly and is caused by the carelessness or intentional act of another person or company, the grief is often compounded by anger and confusion. Not only do you face emotional pain, but you also face practical questions about the future. In these situations, the law provides a path for holding the responsible party accountable through a civil action.

In Pennsylvania, this action is known as a wrongful death lawsuit. It is a legal tool that allows surviving family members to seek justice and financial stability after an avoidable tragedy. While no amount of money can replace your loved one, a successful claim can alleviate the financial burdens that often follow an unexpected death and provide a sense of closure. Understanding the circumstances that give rise to these lawsuits is the first step. This article explores common, real-world examples of wrongful death cases in Pennsylvania, explaining the legal principles behind them in clear, straightforward terms.

The Foundation of a Wrongful Death Claim in Pennsylvania

Before examining specific scenarios, it’s helpful to know what every wrongful death claim in Pennsylvania must establish. Think of it as a four-part foundation. To build a successful case, your legal team must prove each of these elements:

1. A Duty of Care: The person or entity you are suing (the defendant) had a legal obligation to act with a certain level of caution and prudence toward the person who passed away. For example, every driver has a duty to operate their vehicle safely and obey traffic laws.
2. A Breach of That Duty: The defendant failed to meet their obligation. This failure could be a negligent act, like texting while driving, or a reckless or intentional one, like assault.
3. Causation: The defendant’s breach of duty was the direct and primary cause of the fatal injury. The connection between the negligent act and the death must be clear and provable.
4. Damages: As a result of the death, the surviving family members have suffered measurable harm. These damages can be economic, such as lost income and medical bills, or non-economic, like the loss of companionship and guidance.

When these four elements are present, a wrongful death claim may be viable. Let's explore how they apply in various real-life situations.

Common Scenarios Leading to a Wrongful Death Lawsuit in Pennsylvania

While a wrongful death can arise from countless situations, most cases fall into a few key categories. The following examples illustrate how negligence in different settings can have fatal consequences.

Motor Vehicle Accidents: A Leading Cause for a Pennsylvania Wrongful Death Attorney

Roadways are the site of many preventable tragedies. According to data from the Pennsylvania Department of Transportation (PennDOT), thousands of people are killed in traffic accidents across the state each year. When driver negligence is the cause, a wrongful death lawsuit is often the result.

• Car Accidents: These are perhaps the most common basis for wrongful death claims. They frequently involve drivers who were intoxicated, distracted by a phone, excessively speeding, or driving aggressively. For instance, if a drunk driver runs a red light and causes a fatal collision, their decision to drive under the influence is a clear breach of their duty to others on the road.
• Commercial Truck Accidents: Lawsuits involving large trucks are often more complex. The negligence might lie with the truck driver for violating federal hours-of-service rules to combat fatigue, or it could lie with the trucking company for failing to properly maintain the vehicle’s brakes or for hiring a driver with a poor safety record. In these cases, the defendant could be both the driver and their employer.
• Motorcycle, Bicycle, and Pedestrian Accidents: Motorcyclists, bicyclists, and pedestrians are exceptionally vulnerable. A driver who makes an unsafe lane change into a motorcyclist’s path or fails to yield to a pedestrian in a crosswalk can be held liable for the devastating outcome.

Medical Malpractice: When a Trusted Professional's Error is Fatal

We place immense trust in doctors, nurses, and hospitals to provide competent care. When they fail to meet the accepted medical standard of care and that failure leads to a patient's death, it constitutes medical malpractice and is a strong basis for a wrongful death claim.

• Misdiagnosis or Delayed Diagnosis: A physician's failure to correctly identify a life-threatening illness, like an aggressive cancer or a heart condition, can rob a patient of the opportunity for life-saving treatment. If a reasonably competent doctor in the same situation would have made the correct diagnosis, the grounds for a lawsuit exist.
• Surgical Errors: Mistakes in the operating room can be catastrophic. Examples include performing surgery on the wrong body part, leaving a surgical instrument inside the patient, or making a mistake with anesthesia administration.
• Birth Injuries: Negligence during labor and delivery can lead to the tragic death of an infant or the mother. This can include the failure to monitor fetal distress, improper use of forceps or vacuum extraction, or the failure to order a timely C-section when necessary.
• Medication Errors: A fatal outcome can result from a doctor prescribing the wrong medication, a nurse administering the wrong dose, or a pharmacist filling a prescription incorrectly.

Premises Liability: Unsafe Property Conditions and Your Wrongful Death Claim

Property owners and managers in Pennsylvania have a legal duty to maintain their properties in a reasonably safe condition for visitors, customers, and tenants. When they neglect this duty and someone is fatally injured as a result, they can be held financially responsible.

• Fatal Slips and Falls: While a simple fall may sound minor, it can be deadly, especially for an older adult. If a property owner fails to clean up a spill, repair a broken staircase, or de-ice a walkway in a reasonable amount of time, they may be liable for a fatal fall.
• Negligent Security: In places like apartment buildings, hotels, or parking garages, owners may have a duty to provide adequate security measures, such as working locks, sufficient lighting, and security personnel. If a fatal assault or robbery occurs because of lapsed security, the property owner could face a wrongful death lawsuit.
• Drowning Accidents: Owners of public or private pools are responsible for ensuring the area is safe. This includes having proper fencing, functional gate latches, and adequate supervision to prevent tragic drowning accidents, especially involving children.

Workplace Accidents: Navigating a Wrongful Death Lawsuit Beyond Workers' Comp

The laws surrounding workplace fatalities are unique. In most cases, a family cannot directly sue an employer for a work-related death because workers' compensation benefits are considered the exclusive remedy. However, this immunity does not extend to other negligent parties.

A third-party wrongful death lawsuit is possible if someone other than the employer was responsible for the death. For example:

• On a construction site, if a worker dies because of a fall from faulty scaffolding, the family may have a claim against the company that manufactured or supplied the defective equipment.
• If a factory worker is killed by a malfunctioning piece of machinery, the manufacturer of that machine could be held liable in a product liability claim.
• If a delivery driver is killed by another negligent driver while on the job, a wrongful death claim can be filed against that at-fault driver.

Other Notable Examples of Wrongful Death

• Defective Products: Manufacturers have a duty to ensure their products are safe for consumers. When a defective product—be it a faulty vehicle airbag, a dangerous prescription drug, or contaminated food—causes a death, a wrongful death claim can be brought against the designer, manufacturer, or distributor.
• Nursing Home Abuse and Neglect: The elderly are among our most vulnerable citizens. When a nursing home's neglect leads to a resident’s death from malnutrition, dehydration, untreated infections, or injuries from a fall, the facility can and should be held accountable.
• Intentional Acts: When a death is caused by a criminal act like an assault or murder, the perpetrator can be sued for wrongful death in civil court. This is a separate process from the criminal prosecution and can proceed even if the defendant is found not guilty in criminal court, as the burden of proof is lower in a civil case.

Who Can File a Wrongful Death Lawsuit in Pennsylvania?

Pennsylvania law is very specific about who is permitted to initiate a wrongful death lawsuit. The claim must be filed by the personal representative of the deceased person’s estate. This individual is either named in the deceased’s will as the executor or is appointed by the court if there is no will.

While the personal representative files the lawsuit, any financial compensation recovered—known as damages—is for the benefit of specific surviving family members. Pennsylvania law designates these beneficiaries as the deceased’s spouse, children, and parents. If no one in this group survives, the damages pass to the personal representative to be distributed among other relatives according to state inheritance laws.

What Kind of Compensation Is Available in a Pennsylvania Wrongful Death Lawsuit?

In Pennsylvania, the legal system allows for the recovery of damages through two distinct but related claims that are often pursued together: a Wrongful Death Action and a Survival Action.

The Wrongful Death Action is intended to compensate the surviving family members for their losses, which may include:

• Medical, funeral, and burial expenses.
• Loss of income, wages, and benefits the deceased would have provided.
• The value of services, society, comfort, and guidance the family has lost.

The Survival Action is brought on behalf of the deceased’s estate to recover for the harm the deceased person themselves suffered. This can include:

• The deceased's conscious pain and suffering between the time of the injury and their death.
• Loss of earnings from the time of injury until death.
• The total amount of future earnings the deceased would have likely earned over their lifetime, had they lived.

An experienced wrongful death attorney can properly evaluate both claims to ensure the family pursues the full measure of compensation they are entitled to.

Why You Need an Experienced Pennsylvania Wrongful Death Lawyer

Navigating the aftermath of a loved one's death is emotionally overwhelming. Pursuing a complex legal claim at the same time is a burden no family should bear alone. An experienced Pennsylvania wrongful death lawyer can lift that weight from your shoulders.

A skilled legal team will handle every aspect of your case, from conducting a thorough investigation and gathering critical evidence to hiring necessary experts like accident reconstructionists and economists. Your attorney will negotiate forcefully with insurance companies and, if necessary, advocate for you in court.

It's also important to know that Pennsylvania has a strict statute of limitations, which is a legal deadline for filing a claim. In most cases, you have only two years from the date of death to file a wrongful death lawsuit. Waiting too long can mean losing your right to seek justice forever.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

At Brandon J. Broderick, Attorney at Law, we understand that you are going through an unimaginable time. Our team approaches every wrongful death case with the compassion, respect, and dedication your family deserves. We are committed to holding negligent parties accountable and securing the financial resources you need to move forward.

If you have lost a loved one due to someone else’s wrongful act in Pennsylvania, do not hesitate to seek legal guidance. Contact us today for a free, no-obligation consultation to discuss your case. Let us help you find the answers and the justice your family deserves.