Does Death Bar Someone From Bringing A Personal Injury Claim?
Even if someone passes away subsequent to being able to file a lawsuit for, there are still options available to their loved ones. If their death results from injuries caused by another, certain family members can file a wrongful death claim. If their death is unrelated to the injuries, a personal injury lawsuit can still typically be brought via the deceased’s estate.
A wrongful death is one that occurs due to the negligent actions of another person. In Pennsylvania, an action may be brought to recover damages for the death of an individual caused by the wrongful act, neglect, unlawful violence, or negligence of another if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during their lifetime (as long as duplicate recovery is avoided).
The right to bring this action only exists for the benefit of the spouse, children or parents of the deceased, and wrongful death claims tend to focus on the losses suffered by family members as a result of losing the victim of the negligent action. However, if none of the family members are eligible to recover damages, a personal representative of the deceased may bring an action to recover reasonable damages. These damages are related to parties at least partially financially dependent on the person who was wrongfully killed.
What If Death Is Unrelated To The Personal Injury?
Any causes of action or proceedings survive the deal of any potential plaintiff under Pennsylvania code. This means that the personal representative of the decedent’s estate can pursue the claim on their behalf, and include the damages that the decedent would have been able to recover had they lived, such as medical expenses, loss of wages, and any pain and suffering. These damages are typically recovered by the estate.
The personal representative is typically the executor or administrator of the estate of the decedent who is qualified (by law) to bring actions within the Commonwealth. They are either designated by the decedent’s will or appointed by the Court (if not designated in any will). Bringing survival actions can be complicated, necessitating the need to consult an experienced attorney who is familiar with the laws concerning survival actions in the state of Pennsylvania.
Wrongful Death and Personal Injury Attorneys
The experienced attorneys at Solnick & Associates can assist survivors in any personal injury accidents. Nothing can ever replace the loss of your loved one, and seeking compensation for any wrongs done to you or the decedent can at least help with some of the financial challenges that result from these accidents. If you or someone you know has been injured or killed due to negligence, it is important that you speak with us today. You can contact Solnick & Associates online or by calling (877) 958-7010.