Can You File a Wrongful Death Claim? Let’s Find Out
Losing a loved one due to the careless or reckless actions of a medical practitioner, driver, property owner, or others can be unbearable. If the person also contributed to the family’s income, it can worsen your emotional distress due to the foreseeable financial consequences. What are your options? Should the responsible parties be allowed to go scot-free? In Pennsylvania, you can file a wrongful death claim under certain circumstances. For example, you must be the personal representative of the victim’s estate. No one else can do this. The personal representative can pursue the claim on behalf of the estate beneficiaries, including the spouse, children, or parents. You risk dismissal if you follow this process without proper authority or documentation.
For guidance, you can rely on an experienced Pennsylvania wrongful death lawyer. Lawyers can make sure your claim is properly filed and that the eligible family members’ rights are protected. Here are some more insights about this.
- The personal representative’s role in a wrongful death lawsuit
A personal representative is a legally authorized person who manages the deceased’s estate and participates in legal matters on their behalf. A personal representative can file a claim and make key decisions. However, the representative does not personally receive the compensation unless they are also an eligible beneficiary. The personal representative is often the executor mentioned in the deceased’s will or an administrator appointed by the court when there is no will. A family member can request the court to appoint him or her as the personal representative. It is the duty of the personal representative to act in the best interests of the beneficiaries.
- Potential wrongful death claim beneficiaries
The personal representative can file a wrongful death claim, but the compensation is paid to the beneficiaries as provided by the statute. There is a specific hierarchy that determines who has the primary right to compensation. Legally, the surviving spouse, children, or parents are entitled to compensation. They can be compensated for loss of future earnings, funeral expenses, parental care, loss of guidance, and loss of companionship. Suppose the beneficiaries are a surviving spouse and two children. In that case, the personal representative must include all of them when filing a lawsuit. The final amount is distributed among them according to the legal process.
- Things to consider
Some wonder if compensation can also be distributed among grandparents, siblings, uncles, and aunts. They are part of the extended family and, hence, are generally not entitled to compensation under state law. Again, exceptions may exist. In rare cases, the deceased may not have a spouse, children, or parents. At that time, other extended family members who depended on the deceased financially may become eligible for wrongful death compensation. However, they must support their claim with solid proof showing that the deceased regularly supported their living expenses. Now, what about those who were emotionally close to the person who died because of someone else’s negligence? They cannot claim compensation for wrongful death.
The legal process can involve different challenges. Sometimes, you may not know whether a wrongful death claim can be filed at all when there are no surviving close family members. Relatives who benefited financially from the deceased may receive damages, but they must have sufficient proof. No matter the situation, you can visit law-pa.com for specific guidance.
