What is Needed to Prove Wrongful Death?

Successfully proving liability in a wrongful death claim in Pennsylvania requires showing that the core elements exist. Typically, a personal representative of the estate must act on behalf of your family and commence legal action in civil court. You could be eligible for compensation if you lost a loved one because of the wrongful, negligent, or unlawful actions of another.

What Are the Necessary Elements Needed to Prove Wrongful Death?

If the person or business’s actions had been cause for a personal injury lawsuit, had your loved one survived the accident, typically you would qualify for a wrongful death claim. The Wrongful Death Act at 42 Pennsylvania Consolidated Statutes § 8301 governs claims, and successfully obtaining an award for damages requires proving the elements of negligence by a preponderance of the evidence. The four elements include duty of care, breach, causation, and damages, and a description of each is below:

• The individual you file the claim against owed a certain duty of care, which is a responsibility we all have to act reasonably, like driving safely and following traffic laws, or provide competent medical care if they are a medical provider
• The defendant’s actions breached that duty, as they failed to meet the legal standard, whether through careless actions, inaction, recklessness, or intentional wrongful acts
• Causation is the third element and requires you to show that the harm was foreseeable, and the defendant’s violation of duty was a direct or proximate cause of the preventable accident and fatal injuries
• The last component is showing that the death resulted in actual and compensable losses for the beneficiaries, such as financial losses, support, services, comfort, and companionship

Eligible beneficiaries under the legislation include the deceased’s spouse, children, or parents. If there are no existing beneficiaries, the estate’s personal representative may still file to recover limited damages, such as medical expenses incurred by the deceased before death, funeral and burial costs, and other related costs. The statute of limitations for wrongful death cases is 2 years. Missing the cutoff date could mean losing the ability to obtain a settlement and hold the responsible party financially accountable.

Evidence Needed to Prove Wrongful Death

Evidence to build a powerful claim and establish each requirement includes medical records, autopsy reports, expert testimony, and witness statements. Documentation demonstrating your family’s losses may include financial records showing the deceased’s salary and other benefits paid by the deceased.

Wrongful deaths are extremely fact-specific and complex, requiring a thorough investigation and analysis of the evidence to ensure you are successful. Our hard-working and experienced lawyer can support and guide you through the process and fight for a just outcome.

Call Today for More Information

A sudden loss of a close family member is devastating, no matter the cause, and when it is the result of a preventable accident caused by another party’s negligence, the grief is often overwhelming. You do not have to face this confusing and heartbreaking time alone. Contact our office to schedule an appointment with a knowledgeable wrongful death lawyer to review your case, discuss your options, and get started.