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PA & WV Accidental Death Lawyer Blog

This blog focuses on the law in Pennsylvania and West Virginia (and other practical issues that arise) when a family member or friend is unfortunately lost due to an accidental death.

  • Impact of Injured Person’s Unrelated Death on the Spouse’s Loss of Consortium Claim

    In my last post, I discussed the impact on future damages when an injured person dies from a cause unrelated to the negligence or strict products liability giving rise to the lawsuit.  I left for a future post the effect of an injured person’s unrelated death on their spouse’s loss of consortium claim.  So, what is a loss of consortium claim?  A loss of consortium “claim is intended to compensate one for the loss of services, society, and conjugal affection of one’s spouse occasioned by an injury to that spouse.”  Amato v. Bell & Gossett, 116 A.3d 607, 625-26 (Pa. Super. 2015) https://casetext.com/case/amato-v-bell-gossett

    What happens to the loss of consortium claim when the injured spouse’s death is unrelated to the underlying negligence or product liability claim?  The law in Pennsylvania is clear that the loss of consortium claim is not eliminated by the injured spouse’s death.  Rather, the surviving spouse still has an independent of loss of consortium claim and may seek damages for the period of time from the date of the deceased spouse’s original injury to the date of the deceased spouse’s death.  Amato, 116 A.3d at 626.

    Rich Ogrodowski

    Goldsmith & Ogrodowski, LLC

    Rich’s bio can be viewed here: https://golawllc.com/e-richard-ogrodowski/

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  • Impact of an Injured Person’s Unrelated Death on Future Damages

    In Pennsylvania, when a person is injured and, let’s assume the injuries will be permanent, the injured person has a claim for both past and future damages.  These damages could involve past wage loss, future wage loss or loss of future earning capacity, past pain and suffering, future pain and suffering, past medical expenses, future medical expenses etc.  So, what happens to damages when an injured person tragically dies from a cause unrelated to his or her initial injuries that a negligent defendant or the product of a defendant caused?  Unfortunately, in Pennsylvania, there is an opinion from 1955 by the Superior Court of Pennsylvania, which is the appellate court below the Supreme Court of Pennsylvania, in Mohler v. Worley, 116 A.2d 342, 345 (Pa. Super. 1955) https://law.justia.com/cases/pennsylvania/superior-court/1955/179-pa-super-56-0.html in which the court held that when the injured person dies from causes unrelated to the defendant’s negligent act before trial, the damages are limited to the period from the date of injury to the date of death.  Specifically, the court held: “We think it is clear, however, in cases such as the present case, where the injured party dies before trial from other causes than defendant’s negligent act, damages are limited to the period between the date of injury and the date of death.”  Id.  This means future damages are eliminated.  There is little commentary on this opinion, although the Supreme Court of Pennsylvania in Chappell v. W.Va. Ry. Co., 168 A.2d 330, 332 (Pa. 1961), approvingly cited to the limitation of damages from the date of injury to the date of death when the death is unrelated to the defendant’s negligence.

    From a practical standpoint, the now decedent’s claims will have to be pursued through the Pennsylvania Survival Act, 42 Pa. C.S. § 8302.  The Survival Act states “[a]ll causes of action or proceedings, real or personal, shall survive the death of the plaintiff or of the defendant, or the death of one or more joint plaintiffs or defendants.”  The personal representative, administrator, administratrix, executor, or executrix of the decedent’s estate may bring the survival action.  If a lawsuit is already pending, the personal representative, administrator, administratrix, executor, or executrix will be substituted in as the plaintiff, which requires the lawsuit’s caption to be amended, and the complaint will need to be amended to assert the Pennsylvania Survival Act claim.   The case now proceeds as a Survival Act claim.

    I’ll address the effect of an injured person’s unrelated death on their spouse’s loss of consortium claim in a future post.

    Rich Ogrodowski

    Goldsmith & Ogrodowski, LLC

    Rich’s bio can be viewed here: https://golawllc.com/e-richard-ogrodowski/

     

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