This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
Pennsylvania Complaint for Wrongful Death - Single Count
State:
Multi-State
Control #:
US-M6795
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Word;
Rich Text
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How to fill out Complaint For Wrongful Death - Single Count?
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FAQ
The deadlines are called Statutes of Limitations. The deadline in Pennsylvania for filing a wrongful death lawsuit is generally two years from the person's date of death. If you miss the deadline for filing a wrongful death lawsuit, your right to recover compensation may be barred.
The liable party's insurance company is the entity that pays for a wrongful death lawsuit. If the liable party was uninsured, then they are personally responsible for paying any damages you receive.
The potential beneficiaries of a wrongful death award are limited to the spouse, children, and/or parents of the decedent. Damages from a wrongful death claim are not taxable because they are not considered to be income to the beneficiaries.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Pennsylvania's Wrongful Death Act: 42 Pa. ? Except as provided in subsection (d), the right of action created by this section shall exist only for the benefit of the spouse, children or parents of the deceased, whether or not citizens or residents of this Commonwealth or elsewhere.
The types of damages that are recoverable under a wrongful death claim include economic loss to the decedent's family as well as the loss of services, society, and comfort that the decedent would have provided or contributed had he or she lived.
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
The spouse, children and parents may get a portion of a wrongful death settlement in Pennsylvania. The exact distribution depends on who survives the victim. The spouse always receives a share of the settlement while children and parents may also receive a share depending on which family members survive the victim.