Wrongful Death FAQs

What is a wrongful death claim?

A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the defendant, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct.

Has your loved one died as a result of the negligence or misconduct of another person? If so, contact one of our Pittsburgh Wrongful Death Attorneys today!

What are the elements of a wrongful death claim?

To file a wrongful death claim, the death must have been caused by, in whole or in part:

by the conduct of the defendant
the defendant was negligent, or stricly liable, for the victim's death
there is a surviving spouce, children, beneficiaries, or dependents
monetary damamges have resulted from the victim's death

What are some common causes of wrongful death?

Some of the common causes of wrongful death include:

Who can file a wrongful death claim?

Generally immediate family members, such as spouses, children, and parents, can pursue a wrongful death claim.

What types of damages are recoverable in a wrongful death claim?

The following damages may be recovered in a wrongful death claim:

immediate expenses associated with the death (medical and funeral)
loss of victim's anticipated earnings in the future until time of retirement or death
loss of benefits caused by the vicitim's death (pension, medical coverage, etc.)
loss of inheritance caused by the untimely death
pain and suffering or mental anguish to the survivors
loss of care, protection, companionship to the survivors
general damages
punitive damages

What are punitive damages?

Punitive damages are awarded not to compensate the plaintiff, but to punish the defendant. As a result, punitive damages cannot be recovered unless it is proved that the defendant's conduct which caused the vicitim's death was intentional, malicious, or egregious.

When must I file my wrongful death claim?

In the state of Pennsylvania, the claim must be filed within two years of the date of death.

What if a person dies before bringing a personal injury lawsuit?

This will depend on whether a person dies as a result of the injuries sustained or if the death was caused from unrelated causes. If the person who was involved in an accident subsequently dies because of the injuries sustained, that person's heirs may recover money through a wrongful death lawsuit rather than a personal injury lawsuit.

Has your loved one died as a result of the negligence or misconduct of another person? If so, contact one of our Pittsburgh Wrongful Death Attorneys today!