Pennsylvania Wrongful Death Act

When a person is killed due to another's negligence or wrongful conduct, the surviving family members may have grounds for a wrongful death lawsuit. The concept of a life lost as a result of medical malpractice or any other wrongful act forms the basis of damage recovery for the victim's family.

The Wrongful Death Act exists in Pennsylvania to determine who will be deemed a beneficiary in a wrongful death case. Beneficiaries generally include the deceased's parents, children, or spouse. Parents must demonstrate dependency on the victim in order to be entitled to damages. While complete dependency on the deceased need not be established, if either or both parents relied on an adult child (or vise versa) for economic contributions to their welfare, they may receive compensation. Minor children are presumed to be dependant, and spouses may recover damages for dependency, the loss of love and affection, and the services of a deceased partner.

If a person dies in Pennsylvania before filing a lawsuit for the fatal injuries, the Survival Act preserves any claim submitted immediately prior to death. If the deceased had written a will, the victim's estate is usually divided between the children and the spouse. If no will exists, the children are generally awarded an additional share. If you have any questions regarding your status as a beneficiary, contact us today.