Wrongful Death Attorneys

Wilkes-Barre, Sugarloaf and Hazleton, Pennsylvania

Frequently Asked Questions

• What is wrongful death?
• Who can sue for wrongful death?
• What damages are recoverable?
• What's the difference between murder and wrongful death?
• Can a wrongful death action be brought based on the death of a child or an elderly person?

What is wrongful death?

A wrongful death lawsuit allows people who depended upon the deceased for financial or emotional support to recover losses sustained as a result of that individual's wrongful death. The wrongful act may be:

• A negligent or careless act such as reckless driving
• Any other reckless act
• An intentional act such as murder

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Who can sue for wrongful death?

In Pennsylvania, the Wrongful Death Act determines who will be deemed a beneficiary in a wrongful death case. Beneficiaries generally include the deceased's parents, children, or spouse.

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What damages are recoverable?

The amount of damages recoverable can be a very complicated question. Survivors can usually sue for medical bills paid for the care of the person who was injured, as well as for burial expenses. However, since the idea is that the survivors have been injured by the absence of the person who died, determining the amount of damages requires consideration of may have occurred in the future, had that person lived. Accordingly, damages that may be assessed include:

• An estimate of the amount of earnings the person who died would have earned if they had lived
• Pain and suffering experienced by the survivors due to the absence of the deceased person

Estimates of future earnings usually require expert testimony involving the deceased person's future earning capacity.

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What's the difference between murder and wrongful death?

Murder is a criminal act and wrongful death is a civil action. The burden of proof in criminal and civil cases is different. In criminal cases, the standard is "proof beyond a reasonable doubt." There is also a presumption of innocence that stays with the defendant until and unless the jury returns a verdict of guilty. In civil cases, the standard of proof is "by a preponderance of the evidence," which essentially means "more likely than not," or proof by 51% or more.

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Can a wrongful death action be brought based on the death of a child or an elderly person?

Yes, you can recover damages in a wrongful death cause of action for the death of either a child or an elderly person. However, the damage awards for both classes of decedent may be less for a variety of reasons. An experienced wrongful death lawyer will help you determine the amount of damages available in cases involving very young or elderly individuals.

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If you have any questions regarding wrongful death lawsuits in Pennsylvania, please contact us today for more information.