Wrongful Death Due to Car Accidents: What Families Should Know

What Options Do Families Have for Wrongful Deaths Due to Car Crashes in Pennsylvania?

Driving a car is generally a safe activity. Every day, millions of Americans get behind the wheels of automobiles and drive themselves to work, take their children to school, and go about their days. The majority of those people will come home safely at night. This isn’t always the case. In recent years, traffic accidents have steadily increased in Pennsylvania. In 2023, there were over 1,200 people killed in fatal traffic accidents. This is a nearly 3% increase from 2022.

Of those 1,200 deaths, 83% were the result of human error. When someone dies as a result, it is called wrongful death.

While no amount of financial compensation can ever bring someone back, a lawsuit can hold responsible parties accountable. A lawsuit can also help offset the expenses associated with a sudden and unexpected death. This is why if you or a loved one have lost someone in a car accident, it’s essential to consult an experienced wrongful death attorney.

What is Wrongful Death in Pennsylvania?

Wrongful death is defined under 42 Pa. Stat. and Cons. Stat. § 8301 as any death caused by “wrongful act,” neglect, or “unlawful violence.” This means a wrongful death can result from a variety of factors, including, but not limited to, car accidents, construction accidents, dangerous products, crimes, medical malpractice, and more.

Under Pennsylvania law, there are required elements to establishing a wrongful death claim. This means that specific facts about the case must be determined in order to prove a death was wrongful. The elements to establishing wrongful death in Pennsylvania are the existence of a duty of care, a breach of the duty of care, and death causally resulting from the breach of the duty of care.

A duty of care is a responsibility some person or entity owes another person or entity. For example, doctors have a duty to their patients to provide competent medical care, keep them informed, and maintain confidentiality. Similarly, all motorists have a duty to other drivers to obey traffic laws and drive responsibly. If someone is not driving safely or responsibly or engages in conduct that endangers other drivers, they have breached this duty of care.

A breach of the duty of care may be due to impaired driving, such as driving under the influence of drugs or alcohol. It may also be caused by distracted driving, such as texting or talking while driving. If it can be proven that a driver engaged in behavior that was unsafe, reckless, or posed a threat to others, this can establish a breach of the duty of care.

Another element to establishing a wrongful death claim is demonstrating damages, which includes the death itself. Other damages include:

• Lost Wages of the Deceased;
• Medical Bills;
• Funeral Expenses;
• Pain and Suffering; and
• Legal Fees.

Depending on the circumstances of the case, you may be able to sue for additional damages, such as punitive damages. An experienced attorney can review your case to help determine what damages you can seek in a wrongful death suit.

How Do I File a Wrongful Death Suit in Pennsylvania?

To be successful, a wrongful death lawsuit must meet specific requirements, including proving the essential elements of a wrongful death claim. Additionally, the lawsuit must be filed within the statute of limitations, which is typically two years from the date of the person’s death but could be longer depending on the type of claim and the specific facts of the case. Since the case involves the death of an individual, it is crucial that the claim is brought within this time frame.

There are also restrictions on who can file a wrongful death suit and who can collect damages. A wrongful death suit must be filed by a personal representative of the deceased. This may be the executor of their estate or a surviving family member of the deceased. Only certain family members may file wrongful death lawsuits unless they have been named as a representative of the estate. These family members usually include children, parents, and spouses.

After filing a wrongful death suit, it is essential to establish the key elements of the claim, particularly the other driver’s liability. Strong evidence is crucial in proving the other driver’s responsibility for the wrongful death. This evidence may include police reports, eyewitness testimony, CCTV footage, and cell phone videos, though it can vary depending on the case. Each situation is unique, and the evidence needed to support a wrongful death claim will differ. That’s why it’s important to consult with an experienced attorney if you or a loved one has lost a family member or friend in a fatal car accident.

What Should I Do if A Family Member Has Died in a Car Accident in Pennsylvania?

Throughout their lifetime, most drivers and passengers will experience one or more car accidents, though fortunately, most are not fatal. However, when a deadly accident happens, it may be due to someone else’s negligence. Negligent drivers should be held accountable for their actions. If you or a loved one has lost a family member in a car accident, don’t hesitate to reach out to the law firm of Stampone O’Brien Dilsheimer Holloway for a free evaluation of the potential wrongful death claim. We are dedicated to providing compassionate representation during life’s most challenging and vulnerable moments.

Losing a family member is one of the most heartbreaking experiences anyone can go through. When that loss is caused by someone else’s negligence, it makes an already painful situation even more challenging. We are committed to seeking justice for everyone affected by wrongful death. Our team works closely with each client to help build a strong case, and our attorneys won’t stop until you’ve received the justice you deserve for your loss.

No one should have to endure the pain of losing a loved one due to someone else’s actions. Those responsible for causing a death through negligence must be held accountable. At Stampone O’Brien Dilsheimer Holloway, we are committed to ensuring that accountability. If you or a loved one has lost a family member in a car crash, don’t hesitate to reach out to us at 267-214-9695 . We routinely take on tough cases that other law firms have passed on and won’t rest until our clients receive the justice they deserve.