What is a Wrongful Death case?

By Ben Gobel on January 1, 2020

If you suffer the loss of a loved one due to a negligent or violent act of another, your family should not have to suffer financially. While no amount of compensation can undo a tragedy, if certain conditions are met, you may be able to file a lawsuit to recover damages for their death. This is a ‘wrongful death case.’ 42 Pa. C.S. § 8301(a).

A wrongful death case is intended to compensate the spouse, children, or parents of the deceased for their loss. 42 Pa. C.S. § 8301(b). Your family may be able to obtain compensation for the loss of the financial support provided by your loved one, the loss of the services provided by your loved one, as well as the loss of their comfort, guidance and companionship.

Additionally, you may also be able to obtain compensation for funeral expenses, medical expenses, and estate administration expenses that were incurred. 42 Pa. C.S. § 8301(c). In certain circumstances, punitive damages may also be recoverable.

When damages are recovered in a wrongful death case, they are then distributed to the beneficiaries, i.e., the spouse, children, or parents of the deceased, in the same proportion the beneficiaries would receive under the Pennsylvania intestacy statutes. Importantly, because the compensation recovered in a wrongful death case is not part of a decedent’s estate, creditors of the decedent do not have a claim against it — it belongs to your family and it is protected.

Obviously, every wrongful death case contains complicated factual, legal, and medical issues. Because of this, it is important that you discuss your case with an experienced wrongful death attorney as soon as possible.

If your family has suffered the loss of a loved one due to a negligent or violent act of another, call one of our experienced wrongful death lawyers at Ogg, Murphy & Perkosky at (412) 471-8500, or send us a message through this page.  The attorneys at Ogg, Murphy & Perkosky have recovered over $100,000,000 dollars on behalf families throughout Western Pennsylvania who have wrongfully lost a loved one. Call us now. We are almost always available and there is never a fee unless we make a financial recovery for your family.