This form is a sample personal injury complaint filed by guests at motel which failed to provide adequate security, thereby permitting unauthorized persons access premises, resulting in the death of one of the plaintiffs and injury to others.
Pennsylvania Amended Complaint for Personal Injury and Wrongful Death
State:
Multi-State
Control #:
US-PI-0300
Format:
Word;
Rich Text
Instant download
Description
How to fill out Amended Complaint For Personal Injury And Wrongful Death?
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FAQ
What Is the Law for Punitive Damages in a Pennsylvania Injury Case? In Pennsylvania, punitive damages may be awarded for outrageous conduct. Conduct is outrageous when the defendant has an evil motive or when they act with reckless indifference to the rights of others.
And a survival action, unlike a wrongful death action, is not a new cause of action, but merely a continuation in the personal representative of the right of action that accrued to the decedent at common law. A survival action arises out of the original injury and not out of the death.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
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.
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 Statute of Limitation is the deadline for filing a wrongful death lawsuit.
--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.
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.?
