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Wrongful death in Pennsylvania gives rise to a range of financial ?damages? for a family. Under the statute, these damages include, at a bare minimum, the costs of medical care and funeral costs, along with the costs of administered the deceased individual's estate.
Pennsylvania Wrongful Death Act Beneficiaries generally include the parents, children, or spouse of the deceased. Parents must demonstrate dependency on the victim in order to be entitled to damages.
Except as otherwise provided in this subchapter, no local agency shall be liable for any damages on account of any injury to a person or property caused by any act of the local agency or an employee thereof or any other person.
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.
Rule 2202. Parties entitled to bring action for wrongful death. (a) Except as otherwise provided in clause (b) of this rule, an action for wrongful death shall be brought only by the personal representative of the decedent for the benefit of those persons entitled by law to recover damages for such wrongful death.
For that reason, the Discovery Rule allows the victim to file claims within two years of the date of discovery of the injury or the date the person should have reasonably discovered the injury. You must prove that you made a good faith effort to determine the cause of your injury.
Wrongful Death Actions are governed by 42 Pa. C.S.A. Section 8301. The statute provides that an action may be brought to recover damages for the death of an individual caused by the wrongful act or negligence of another so long as no claims were obtained by the injured individual during his or her lifetime.
How does wrongful death settlement distribution work? A surviving spouse only ? If the only surviving family member is the spouse, they receive the entire wrongful death settlement. Spouse and children ? The spouse gets the first $30,000. The remaining funds are split equally between the spouse and all the children.