Legal Question in Civil Litigation in Pennsylvania
Attaching to a wrongful death lawsuit
A wrongful death lawsuit was filed by my fathers second wife. She severed all contact with us and we were unaware of any lawsuit. The suit is not finalized yet. Can myself and other sisters and brothers become part of this lawsuit? Should we have been notified of this action?
1 Answer from Attorneys
Re: Attaching to a wrongful death lawsuit
You should have been notified of the widow's appointment to represent the estate.
There are procedures under the PA court rules for handling a wrongful death case. Normally, the executor or administrator of the estate must bring the case on behalf of those who are entitled to recover. They don't get named as plaintiffs on the court pleading themselves.
If that person doesn't do their job, people who would be entitled to the proceeds of the claim can petition the court to replace the rep.
You need to consult an attorney if you're not comfortable that the stepmom is going to be fair. Be aware that adult children, if not dependent, may not be entitled to any of the proceeds of a wrongful death claim. If named in the will, or if there is no will, you may be entitled to a share from the estate or the survival act claim. (That's a second form of action which usually goes along with the wrongful death suit).