If you’ve lost a spouse, child, or parent due to the careless actions of another, Pennsylvania law provides your family the right to recover wrongful death and survival damages. The legal team at DelVecchio & Miller, LLC, is ready to guide you through this process with care and compassion.
Wrongful death laws and the facts surrounding the fatal incident are complex. It is essential to have an experienced legal team at your side who can guide you through this complicated process while also giving you and your family the time to grieve the loss. The attorneys at DelVecchio & Miller, LLC can assist you with each and every step in this process.
Under Pennsylvania law, a civil lawsuit may be filed against a party whose negligent acts caused the death of a person. The law limits those who can benefit from this action to the victim’s estate, spouse, children, or parents.
Consider the broad range of events that can cause death —vehicle crashes, construction site accidents, workplace accidents, building collapses; defective products; railroad accidents; falls from height; medical malpractice; prescription drug overdoses; and nursing home abuse or neglect. If the wrongful and negligent acts of another leads to the death of an individual, they may be liable for damages to the victim’s estate and their grieving family members.
Accidents lead to more than 200,000 deaths in the United States each year. Workplace accidents result in over 5,000 fatalities annually, with exposure to hazardous substances, falls from height, and faulty equipment and machinery among the leading contributors. In Pennsylvania, motor vehicle, bicycle, and pedestrian accidents killed more than 1,200 people in 2023 alone.
Negligence is often at the center of many fatal accidents. A driver didn’t follow the traffic laws, texted while behind the wheel, or operated the vehicle while intoxicated. A product manufacturer made an unsafe or defective product. A construction company failed to provide a safe working environment or proper equipment to an employee.
Generally, when someone passes away due to the negligence of another, there are two types of claims that may be brought under Pennsylvania law: a wrongful death and a survival action. Both of these actions are governed by the Pennsylvania Wrongful Death Act.
Under a wrongful death claim, damages can include compensation for economic losses to the victim’s family as well as the loss of services and comfort that the victim would have provided if their life hadn’t been cut short. These damages can also include compensation for emotional and psychological losses suffered by the victim’s family. Wrongful death proceeds are paid directly to the beneficiaries of the victim’s estate and are limited to spouses, children, and parents of the victim.
By contrast, a survival action is when the decedent’s estate stands in place of the victim who passed away. The estate simply brings the same claims that the victim could have brought if they were still alive. Damages recoverable under a survival action can include outstanding medical bills, the victim’s conscious pain and suffering, and recovery for the victim’s past and future wage loss. Survival action proceeds must pass through the victim’s estate.
An attorney who specializes in wrongful death cases is invaluable when these life altering events occur. Their knowledge of the law and procedures, combined with their experience in handling these types of catastrophic claims can make all the difference between winning and losing a case.
DelVecchio & Miller, LLC, offers 60 years of combined experience in wrongful death personal injury claims. Our track record for achieving successful outcomes for our clients attests to that experience. In addition, our one-on-one, personalized approach to handling these matters provides a level of compassion and comfort to the family members of wrongful death victims that is unmatched.
If you are thinking of pursuing a wrongful death claim, contact our firm for a free consultation. Our attorneys will assess your case and stand ready to fight for you and your family. We can’t bring back the person you lost, but we will do everything in our power to make sure that their death was not in vain.
