[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.conradattorneys.com\/blog\/key-elements-for-winning-a-wrongful-death-lawsuit-in-pennsylvania\/#BlogPosting","mainEntityOfPage":"https:\/\/www.conradattorneys.com\/blog\/key-elements-for-winning-a-wrongful-death-lawsuit-in-pennsylvania\/","headline":"Key Elements for Winning a Wrongful Death Lawsuit in Pennsylvania","name":"Key Elements for Winning a Wrongful Death Lawsuit in Pennsylvania","description":"In Pennsylvania, certain family members may be able to recover damages in a wrongful death lawsuit if their loved one died due to someone else\u2019s negligence or intentional act. At Thomas, Conrad & Conrad Law Offices, our wrongful death lawyers understand the crucial elements that must be proven for a claim to be successful. We help our clients in the Lehigh Valley understand the key components that must be considered and what\u2019s involved in winning a wrongful death lawsuit. What…<\/span>
Continue Reading ››<\/a><\/div>","datePublished":"2023-10-16","dateModified":"2024-01-12","author":{"@type":"Person","@id":"https:\/\/www.conradattorneys.com\/blog\/author\/conradattorneys\/#Person","name":"conradattorneys","url":"https:\/\/www.conradattorneys.com\/blog\/author\/conradattorneys\/","identifier":2,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/0b412767649f1682d8f2870ca17f3608?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/0b412767649f1682d8f2870ca17f3608?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Thomas, Conrad & Conrad Law Offices","logo":{"@type":"ImageObject","@id":"http:\/\/www.conradattorneys.com\/wp-content\/uploads\/2016\/11\/logo.png","url":"http:\/\/www.conradattorneys.com\/wp-content\/uploads\/2016\/11\/logo.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"http:\/\/www.conradattorneys.com\/wp-content\/uploads\/2023\/10\/man-holding-flowers-sitting-in-front-of-a-grave.jpg","url":"http:\/\/www.conradattorneys.com\/wp-content\/uploads\/2023\/10\/man-holding-flowers-sitting-in-front-of-a-grave.jpg","height":"600","width":"900"},"url":"https:\/\/www.conradattorneys.com\/blog\/key-elements-for-winning-a-wrongful-death-lawsuit-in-pennsylvania\/","about":["Blog"],"wordCount":646,"articleBody":"In Pennsylvania, certain family members may be able to recover damages in a wrongful death lawsuit if their loved one died due to someone else\u2019s negligence or intentional act. At Thomas, Conrad & Conrad Law Offices, our wrongful death lawyers understand the crucial elements that must be proven for a claim to be successful. We help our clients in the Lehigh Valley understand the key components that must be considered and what\u2019s involved in winning a wrongful death lawsuit.What Is Wrongful Death?Under Pennsylvania law, an action may be brought to recover damages for a death caused by the wrongful act, negligence, neglect, or unlawful violence of another. A wrongful death claim must be brought by the personal representative of the deceased person\u2019s estate, and only the surviving spouse, children, or parents of the deceased may be beneficiaries of any settlement or award that\u2019s recovered.Examples of Wrongful DeathWrongful death claims often arise from someone being killed in a motor vehicle accident, slip and fall incident, or a violent act like assault. For example, in 2022 alone, 319 people were killed in drunk driving accidents, according to the Pennsylvania Department of Transportation (PennDOT) 2022 Pennsylvania Crash Facts and Statistics report. Depending on the circumstances, family members of some of the 319 who died may be entitled to file a wrongful death lawsuit against the party who caused a drunk driving crash.Elements of Proving Wrongful Death in PennsylvaniaTo prove a death was wrongful in Pennsylvania, the following elements must be present:Duty of care \u2013 One of the basics of proving fault in a wrongful death lawsuit is to show that the defendant owed a duty of care to the deceased person. For example, drivers on the road have a duty of care to drive in a responsible manner to avoid hurting others.Breach of duty of care \u2013 You must also show that a defendant breached the duty of care they owed to the deceased person. If someone failed to exercise a reasonable degree of care in a situation and it caused a death, they were negligent and breached their duty of care to another person. For example, a motorist who\u2019s texting while driving and then causes a motor vehicle accident has breached their duty of care to others on the road.The breach caused the death \u2013 Another vital element involves proving that the defendant\u2019s breach of duty caused the death. For instance, if a texting driver causes a fatal crash, your wrongful death attorney must show that the accident was the proximate cause of the person\u2019s death.Damages \u2013 The victim\u2019s family must suffer damages and losses due to their loved one\u2019s death.Proving these elements can be virtually impossible without proper legal training. Hiring an experienced personal injury lawyer can greatly increase your chances of winning a wrongful death suit.Wrongful Death Statute of Limitations in PennsylvaniaIn Pennsylvania, the wrongful death statute of limitations generally is two years from the date of death. Although there are rare exceptions, if you fail to file your wrongful death lawsuit within this time limit, you may lose your right to recover compensation.That\u2019s why it\u2019s essential to contact a wrongful death lawyer as soon as possible if you believe a loved one\u2019s death was caused by negligence or an intentional act. Although nothing can bring your loved one back, a compassionate wrongful death attorney can guide you through the legal process and help you find a sense of justice.Contact Us to Learn More About Wrongful Death Lawsuits in PennsylvaniaAt Thomas, Conrad & Conrad Law Offices, we\u2019re dedicated to helping wrongful death and personal injury clients in the Lehigh Valley heal and move on with their lives. To schedule your consultation with a Pennsylvania wrongful death lawyer, contact us or call us at 610-867-2900."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.conradattorneys.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Key Elements for Winning a Wrongful Death Lawsuit in Pennsylvania","item":"https:\/\/www.conradattorneys.com\/blog\/key-elements-for-winning-a-wrongful-death-lawsuit-in-pennsylvania\/#breadcrumbitem"}]}]