The law extends rights to those harmed by other people or businesses. In certain circumstances, individuals can file lawsuits requesting compensation for the harm caused by others. Sadly, some scenarios where one party harms another result in death, rather than treatable injuries.
In situations where people die prematurely, there might be an individual or business to blame for the tragedy. In such cases, wrongful death lawsuits might be an option. Those left behind after a tragedy can theoretically ask the Pennsylvania civil courts to grant them financial compensation and closure by holding a specific party accountable for the tragedy.
Whom does the law empower to seek justice after a tragedy?
Those with proof of actionable circumstances
The Pennsylvania wrongful death statute is very clear. Negligence, neglect, wrongful acts and illegal violence all provide grounds for wrongful death lawsuits. In scenarios where there is evidence supporting the claim of negligence, unlawful violence or other forms of misconduct, a wrongful death lawsuit could be an option.
The people left behind after a tragedy can ask the courts to grant them compensation based on the economic harm caused by the tragedy. Wrongful death lawsuits involve asking for compensation based on the economic and non-economic harm caused by a tragedy. In situations involving egregious misconduct or extremely negligent behavior, the courts may also consider requests for punitive damages.
Those directly affected by a tragedy
Wrongful death lawsuits exist to protect the dependents and immediate family members of those who died prematurely. Typically, only those with direct familial relationships to the deceased individual receive funds from a wrongful death lawsuit. Spouses, children and other close family members may be able to initiate wrongful death lawsuits under Pennsylvania state statutes.
The law recognizes that sometimes there are no immediate family members to take action. In such cases, the personal representative of the deceased individual could initiate wrongful death litigation. Those affected by a tragedy and hoping for justice may need to take the matter to civil court.
Pursuing wrongful death litigation can limit the harm caused by a tragedy while creating consequences for the party at fault. Those affected by a recent tragedy may need help reviewing their situation to see if a lawsuit might be possible given the circumstances, and that’s okay.