Erie Wrongful Death Lawyer

In Pennsylvania, a Wrongful Death claim is brought to compensate the family (spouse, children, or parents) for their personal losses, such as funeral expenses and loss of emotional support. A Survival Action is brought on behalf of the deceased person's estate to recover damages the deceased could have sued for if they had lived, such as their pre-death pain and suffering.

Under 42 Pa. C.S. § 8301, the personal representative of the deceased's estate must file the claim. If they do not file within six months, any person entitled to share in the damages (like a spouse or child) may file. The compensation recovered is specifically intended for the beneficiaries and is generally exempt from the claims of the deceased's creditors.

Families can recover economic damages, including hospital and nursing expenses, funeral and burial costs, and the loss of the deceased's future earnings. You can also seek non-economic damages for the loss of "consortium," which includes the comfort, society, and guidance the deceased would have provided to their family members.

Yes. Generally, you must file a wrongful death lawsuit within two years of the date of the person's death. It is important to note that this deadline may differ from the date of the original injury or medical error. Missing this deadline usually results in a permanent loss of the right to seek compensation.

Yes. If a healthcare provider's negligence—such as a surgical error, misdiagnosis, or medication mistake—resulted in a fatality, it is considered a wrongful death. These cases require a Certificate of Merit from a medical expert to prove that the provider's actions fell below the accepted standard of care and directly caused the death.

If a loved one died at work, you may be entitled to Workers' Compensation death benefits. However, if a "third party" (like a manufacturer of a defective machine or a negligent subcontractor) caused the accident, Attorney Hunter can file a separate wrongful death lawsuit to recover damages that workers' comp does not cover, such as full pain and suffering.