Legal Question in Civil Litigation in Pennsylvania
Wrongful Death
my mother was killed by wrongful death in 2003 and there was a law suit.should grandchildren be included to that suit, due to the fact that thier mother( my sister) died over 25 years ago, more than 25yrs. before my mother, who we have the suit for, that was killed by wrongful death.would my deceased sister be added to the suit and her kids split the money., or would the family have to agree on that issue?
1 Answer from Attorneys
Re: Wrongful Death
YES! Anyone who received benefits from the deceased, either "in kind" (housework, support, or other practical benefits) or financial support (as a regular matter, not just occassional gifts) is a statutory beneficiary of the wrongful death lawsuit. It is by no means easy to pull together the documentation or valuation of what each person should claim. Sometimes this requires an expert witness or two on economic valuation of the person's income and/or practical (non-monetary) contributions. These claims are for the rest of the person's life. So you must determine the likely (average) date the person would have otherwise died, and calculate this through the end of that likely death.
Needless to say this is difficult work and should involve an attorney.
NO, it does not require the permission of anyone. Anyone can claim their own losses, whether or not anyone else in the family agrees. That can involve some technical hurdles if the representative who first filed the lawsuit is at odds with other people in the family, but eveyrone in the family who can show any losses can make a claim for their losses.
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