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Wrongful Death in Pennsylvania: What You Need to Know

Pennsylvania Wrongful Death Attorney

A wrongful death claim in Pennsylvania is a personal injury claim where the victim is deceased. Our personal injury law firm works with families who have lost loved ones because of the legal wrong of another. If you need a Pennsylvania wrongful death attorney, we invite you to contact us to learn more.

Understanding Wrongful Death Claims

We want you to understand how wrongful death claims work. Here are answers to the most frequently asked questions that our personal injury attorneys are asked about wrongful death claims.

What is the wrongful death law in Pennsylvania?

The wrongful death law in Pennsylvania is 42 Pa. Stat. § 8301. The law authorizes a legal claim when a death occurs because of someone else’s wrongful act, neglect or unlawful violence. The claim may be brought under the general rules and procedures of law.

Who can file a wrongful death claim in Pennsylvania?

The personal representative is the person who files the wrongful death claim in Pennsylvania. They are the person named in the will, if there is one. If there is no person named in a will, the spouse or another family member serves as the personal representative and files the wrongful death claim.

Although only the personal representative can file the case, they are not necessarily the only beneficiary. Other survivors may benefit from the claim.

Who can benefit from a wrongful death claim in Pennsylvania?

The victim’s spouse, children and parents may benefit from a wrongful death claim in Pennsylvania. If there are no surviving close family members, then a personal representative may bring the claim for final medical and funeral expenses.

How much does each person get in a wrongful death claim?

Funds are divided in a wrongful death claim as though the person died without a will. There are state laws that dictate how the funds are divided.

What if a wrongful death victim has a will? How does that impact a wrongful death claim?

Even if a person has a will, the proceeds of a wrongful death claim are distributed as though they did not have a will. Their personal assets are not impacted. Personal assets are distributed according to the terms of the victim’s will.

Do you have to be a Pennsylvania resident to bring a wrongful death claim?

You do not have to be a Pennsylvania resident to bring a wrongful death claim. As long as the court has jurisdiction over the claim, it can be filed in Pennsylvania.

Ask our personal injury law firm about jurisdiction and where to file your wrongful death claim.

Are wrongful death proceeds subject to the victim’s creditors?

No. Proceeds of a wrongful death lawsuit are not subject to claims from the victim’s creditors.

How can a Pennsylvania wrongful death attorney help me?

A wrongful death claim is extremely important to family members of the victim. A Pennsylvania wrongful death attorney can handle the steps, analysis and legal strategy needed to make the case a success. Our law firm handles wrongful death claims. Contact us today for a consultation about your case.

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