According to Pennsylvania State law ch. 83, § 8301, “an action may be brought to recover damages for the death of an individual caused by the wrongful act or negligent or unlawful violence or negligence of another.” The eligible beneficiaries that can bring a wrongful death claim are the deceased spouse, children, or parents. If your spouse or parent was wrongfully killed as a result of a negligent act, you may be entitled to wrongful death benefits on their behalf. The Pennsylvania lawmakers chose these select family members as the dedicated wrongful deceased representatives because these groups of people are the most financially harmed when a loved one dies.
Additionally, if there are no children or spouses of the deceased, the parents of the deceased or a personal representative (not related to the family) may file a lawsuit against the person or business that caused the wrongful death. There are specific limitations if a personal representative files a lawsuit on behalf of the wrongfully deceased according to Penn. State Law ch. 83 §8301 (b). The personal representatives are limited to recover only on the following: medical bills, funeral costs, loss of financial contributions, loss of comfort, and loss of guidance for the children of the deceased. Hiring a lawyer will help you to sort out who should bring the case and against who the case should be brought. The Philadelphia wrongful death attorneys at Youman & Caputo will work tirelessly to provide you with the maximum compensation for your loved one’s death.