Families can seek compensation for both financial and emotional losses
Pennsylvania law allows families to seek compensation through wrongful death lawsuits for losses due to negligence. Understand the steps, proof required, and damages available.
The death of a loved one brings immediate shock and profound grief. As time passes, the financial impact of the loss becomes more apparent. While no amount of money can replace a loved one, Pennsylvania law allows family members to seek compensation through a wrongful death lawsuit when the death is caused by a negligent or wrongful act. This legal action provides a way for families to recover damages and find some measure of justice for their loss.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a legal action brought against a defendant whose wrongful or negligent actions caused another person's death.
The purpose of a wrongful death lawsuit is to allow certain surviving family members to recover damages for the loss of their loved one. This type of claim acknowledges the emotional and financial impact on the family due to the untimely death.
Wrongful death claims are sometimes confused with survival lawsuits, but these are two different types of actions:
- Wrongful death lawsuits: are filed by the deceased's estate to enable specific family members to recover damages related to their loss, such as financial support and emotional distress.
- Survival lawsuits: are also filed by the deceased's estate, but these aim to recover damages the deceased incurred while still alive, such as medical expenses and pain and suffering.
Pennsylvania’s wrongful death statutes are located in Section 8301 of the 42 Pennsylvania Consolidated Statutes Annotated.
Who can file a wrongful death lawsuit in Pennsylvania?
In Pennsylvania, the only individuals eligible to file a wrongful death lawsuit and recover damages are:
- The deceased's spouse
- The deceased's children
- The deceased's parents
The person filing or benefiting from the lawsuit does not need to be a citizen of the United States or a resident of Pennsylvania.
What must be proven to recover damages in a Pennsylvania wrongful death lawsuit?
When someone is killed as a result of a wrongful or negligent act, the deceased's estate steps into the shoes of the deceased. As a result, the estate must prove liability the same way the deceased would have had to if they survived the wrongful or negligent act.
For example, if the deceased was killed in a car accident, the estate would have to prove the elements of negligence.
- Duty of care: The estate must show that the defendant owed a duty of care to the deceased. This means proving that the defendant had a legal obligation to act in a certain way toward the deceased.
- Breach of duty: The estate must prove that the defendant breached this duty of care through their actions or inactions. A breach occurs when the defendant fails to act as a reasonably prudent person would under similar circumstances.
- Causation: It must be demonstrated that the defendant's breach of duty directly caused the deceased's death. This involves showing both actual cause (the death would not have occurred but for the defendant's actions) and proximate cause (the death was a foreseeable result of the defendant's actions).
- Damages: The estate must show that the deceased and their surviving family members suffered damages as a result of the death. These damages can include medical expenses, funeral costs, lost wages, and the emotional suffering of the family.
Some common causes of wrongful death lawsuits include:
According to the Pennsylvania Department of Transportation, 1,209 people were killed in motor vehicle accidents in 2023, the most recent year for which data is available. Drunk driving accidents were responsible for 265 deaths.
How are damages calculated in a wrongful death lawsuit?
In Pennsylvania, wrongful death cases allow the family of the deceased to recover both the economic and non-economic losses resulting from the death. These damages are designed to address the financial impact on the deceased’s family and the emotional suffering they endure.
Let’s take a closer look at the available damages:
- Economic damages refer to the quantifiable monetary losses incurred due to the death. These include:
- Lost earnings and benefits: Compensation for the loss of the deceased’s future income and benefits, including wages, bonuses, and retirement benefits, which would have supported the family.
- Medical and funeral expenses: Reimbursement for the medical costs incurred due to the injury leading to death and the funeral and burial expenses.
- Loss of services: The monetary value of the household services the deceased would have provided, such as childcare, maintenance, and other domestic contributions.
- Non-Economic damages refer to the non-monetary aspects of the loss, which can be more subjective and harder to quantify. These include:
- Loss of companionship and comfort: Compensation for the loss of love, companionship, guidance, and comfort that the deceased would have provided to the family members.
- Emotional distress: Damages for the emotional pain and suffering experienced by the surviving family members due to the loss of their loved one.
- Punitive Damages are intended to punish the defendant and deter similar behavior in the future. Punitive damages are only available in cases where the death was caused by particularly egregious or malicious conduct.
In the case of Kirk Rettger v. UPMC Shadyside, the Superior Court of Pennsylvania upheld a jury's verdict that awarded $2.5 million for wrongful death. The jury found that a nurse employed by UPMC was negligent in her care of Michael Rettger, leading to his death.
The negligence stemmed from several critical failures by Nurse Kirsten Stalder. On November 19, 2003, Nurse Stalder documented that Rettger's left pupil was fixed and dilated, a serious sign of escalating brain pressure that needed immediate medical intervention. Despite this, she did not take necessary actions like calling a "Condition C" for immediate critical care or following the hospital's chain of command to ensure Rettger received urgent treatment.
Additionally, Nurse Stalder's communication with Dr. Eugene Bonaroti was flawed. She reported Rettger's condition but failed to convey its severity accurately. While she claimed to have informed Dr. Bonaroti about the fixed and dilated pupil, he contended that she only mentioned uneven pupils, which did not indicate an emergency. This miscommunication prevented the necessary immediate medical response, leading to Rettger's condition worsening and ultimately resulting in his death.
The damages awarded to Michael Rettger’s family included compensation for lost financial support, medical and funeral expenses, and the emotional distress suffered by the family. The jury recognized the significant emotional and financial loss to Rettger’s parents, awarding a substantial sum despite UPMC's arguments for a reduction.
What is the statute of limitations for Pennsylvania wrongful death lawsuits?
In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased’s death. This time limit is crucial as it sets the maximum period during which the deceased’s family or estate can initiate legal proceedings against the party responsible for the death.
If a wrongful death claim is not filed within this two-year period, the court will likely dismiss the case, barring the family from recovering any damages.
While it’s rare, statutes of limitation can change. It’s always a good idea to confirm the current wrongful death statute of limitations. You can find the relevant statute at 42 Pa. C.S. § 5524(2).
Need a lawyer?
Have you lost a loved one in a preventable accident?
Wrongful death lawsuits are particularly difficult because in the face of such a tragedy, families and loved ones must pick up the pieces of their life despite their grief and soldier on through the legal system, meeting each deadline and acting like it’s any other lawsuit. These are usually filed by husbands, wives, children, parents and siblings of the deceased with the help of a legal representative. Read more
