According to the Pennsylvania Department of Transportation, there were 1,127 traffic-related fatalities in Pennsylvania in 2024. Families affected by such traffic fatalities may have the right to file a wrongful death claim against the driver who caused the death if their actions were negligent, reckless, or intentional.
A car wreck lawyer from Cousin Benny Personal Injury can discuss your situation during a free, no-obligation consultation. Call us today to learn more about how we can help in your quest for justice.
What Is a Wrongful Death Claim?
Pennsylvania law provides a legal right of action for specific individuals to file wrongful death claims if a person’s death is “caused by the wrongful death act or neglect or unlawful violence or negligence of another,” if there has not been recovery for the same in a personal injury case the decedent filed against the defendant.
Wrongful death cases are different from criminal proceedings. Criminal cases are concerned with punishing the defendant for breaking the law, while civil cases focus on awarding financial damages to the victim or the family. They also have different burdens of proof, so it’s harder to prove criminal charges against a defendant than civil allegations.
Why Should I Hire a Wrongful Death Lawyer?
Losing a loved one unexpectedly can be distressing. You may be having trouble dealing with the heartbreaking aftermath, tending to final arrangements, and focusing on your grief. An experienced wrongful death lawyer can manage the legal claim process so you can focus on other matters.
Experienced personal injury lawyers understand the claims process and are used to working with insurance companies. They know the tactics insurance adjusters use to avoid paying fair compensation to accident victims and their families, such as blaming the victim for the accident or arguing that the insured was not legally responsible for the damages. They can anticipate them and fight to protect you from being mistreated by the insurance company.
Your dedicated wrongful death attorney can explain the legal process to you, let you know what to expect, and guide you through the next steps. They communicate with you throughout the process, answering your questions and addressing any concerns that may arise.
They manage the claims process by preparing your legal paperwork and handling communications with insurers. They identify all the damages you are entitled to and negotiate a fair settlement. If a negotiated settlement isn’t possible, they can discuss the option of filing a lawsuit.
We can discuss more about how we can help and why Cousin Benny Personal Injury is the right choice for you when you contact us for a free consultation.
Car Accidents and Wrongful Death Claims
Car accident fatalities may give rise to wrongful death claims when they are caused by:
- Drunk driving: In 2024, there were 244 alcohol-related fatalities. Alcohol can dull the senses, impair judgment, and cause issues with depth perception, all of which can increase the likelihood of a fatal accident occurring.
- Drugged driving: Drivers can also be under the influence of drugs, whether they are illegal drugs or prescription medicines. Drugs can also impair drivers and compromise their ability to drive safely.
- Speeding: The Pennsylvania Department of Transportation reported 263 traffic fatalities related to speed.
- Distracted driving: Cell phones, GPS units, passengers, eating, or drinking can cause drivers to be distracted. When drivers are paying attention to things other than the road, they can make critical mistakes that can even cause deaths sometimes.
- Running red lights or stop signs: Careless drivers may disregard or disobey traffic signals and road signs, including red lights and stop signs. When they don’t follow the law, other motorists may not anticipate their actions or have time to avoid a deadly collision.
- Hit-and-run accidents: Every year, hit-and-run fatalities occur because careless drivers flee the scene of the accident, leaving the victim vulnerable and not receiving the immediate medical treatment they need. Often, these fatalities could have been avoided if the driver simply would have stopped and done what they were legally obligated to do.
If you lost your loved one due to any of the causes identified above, a car accident attorney from our law firm can evaluate your situation and explain if you have legal grounds to file a wrongful death case.
Who Can File a Wrongful Death Claim in Pennsylvania?
Pennsylvania’s wrongful death law allows the following individuals to file this type of legal claim:
- The surviving spouse
- The children of the decedent
- The parents of the decedent
Pennsylvania law provides that the proceeds from a wrongful death case will go to the spouse, children, or parents of the deceased in proportion to what they would receive if the deceased individual died without a will.
If none of these individuals are eligible, the personal representative of the estate can file a wrongful death action for certain damages.
What Damages Can We Recover in a Wrongful Death Lawsuit?
Our Pennsylvania personal injury lawyers can ensure that your demand for damages encompasses the full extent of your loss. We can pursue compensation for the following damages:
- Hospital bills
- Nursing bills
- Medical bills
- Funeral expenses
- Burial costs
- Administration expenses
- Property damage
- Loss of income and future earnings
- Loss of inheritance
- Loss of consortium and companionship
- Conscious physical pain and suffering that your loved one endured
- Your loved one’s conscious mental distress and emotional anguish
Our dedicated auto accident attorneys will fight to recover maximum compensation for you.
What Do You Have to Prove to Win a Wrongful Death Case in Pennsylvania?
While wrongful death cases can be based on intentional or reckless misconduct, they are usually based on the legal theory of negligence when they are associated with car accidents.
Negligence occurs when someone fails to act with the level of care a reasonable person would under the same circumstances.
A car accident lawyer can explain each element of negligence and how to prove it, which includes:
Legal Duty
The legal duty defines the actions someone must take under the law or the “reasonable person” status. Drivers have a legal duty to obey traffic laws, drive in a reasonably safe manner, and avoid hitting others.
Breach of Duty
A breach of duty occurs when someone does something wrong or fails to do something they are required to do under the law. For example, the motorist may have:
- Been speeding
- Driving too fast for conditions
- Driving while tired, impaired, or distracted
- Been violating traffic laws
Causation
Causation links the driver’s breach of duty and the accident. The breach of duty must be the direct and actual cause of the accident.
Damages
Damages are the losses someone suffers as a result of the accident, such as not being able to receive the defendant’s contributions to the family.
What Is the Statute of Limitations for a Wrongful Death Case in Pennsylvania?
The statute of limitations is the amount of time you have to take certain legal action. In a wrongful death claim, the eligible family member or personal representative must file a lawsuit within two years of the decedent’s death. If the lawsuit is not filed within this timeframe, any subsequent case filed by the family can be dismissed as untimely.
Even if you have up to two years to file your case, you should not delay in contacting a wrongful death lawyer. Your lawyer will need time to investigate and review your case. They can also take steps to preserve valuable evidence in your case, such as:
- Video footage from dash cams, traffic cameras, and surveillance cameras
- Accident scene photos and photos of skid marks
- Accident reports that may indicate the reason for the crash
- Medical records that show the cause of death
- An autopsy that provides scientific evidence regarding the cause of death
- Cell phone records that show the other driver was distracted
- Information from event data recorders that indicates the speed, direction of travel, and braking patterns at the time of the crash
- Reports from accident reconstruction experts that use scientific data to recreate the events through visual representations
Your personal injury lawyer will know how to best present this evidence to support your claim.
Contact Our Philadelphia Wrongful Death Lawyers Today
If you lost a loved one in a tragic car accident, the experienced wrongful death lawyers of Cousin Benny Personal Injury can fight to protect your legal rights and your loved one’s legacy. Our attorneys have extensive experience handling these claims and recovering millions of dollars in compensation for accident victims and their families. Contact us today to arrange your confidential case review.
