This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
Pennsylvania Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Wrongful Death?
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FAQ
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.
In Pennsylvania, when a person dies because of the negligent or unlawful behavior of another person or company, the decedent's estate, surviving spouse, or certain family members can file a wrongful death lawsuit for compensation.
(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.
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.?
A survival action may be brought only by the personal representative of the decedent.
Gathering strong, convincing evidence like medical records, autopsy reports, witness testimonies, and financial documents is key in a wrongful death case.
Rule 1019 - Contents of Pleadings. General and Specific Averments (a) The material facts on which a cause of action or defense is based shall be stated in a concise and summary form. (b) Averments of fraud or mistake shall be averred with particularity.
The verdict means that the killing was done without lawful excuse and in breach of criminal law. This includes murder, manslaughter, infanticide and causing death by dangerous driving.
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.
(a) Except as otherwise provided in clauses (b), (c) and (d) of this rule, all actions shall be prosecuted by and in the name of the real party in interest, without distinction between contracts under seal and parol contracts.