Philadelphia Wrongful Death Lawyer
While any death can potentially be tragic, it is usually more so when it feels like it was preventable had someone just acted with more care and regard. If someone else’s intentional, reckless, or negligent conduct caused you to lose a loved one, you need skilled legal representation so your family’s legal rights can be protected while you focus on your grieving.
An experienced attorney from Cousin Benny Injury Lawyers can compassionately guide you through the legal process of holding the at-fault party accountable for the immeasurable loss you’ve suffered. Call us today for a free and confidential consultation.
What Is a Wrongful Death Case?
Under Pennsylvania’s wrongful death statute, a wrongful death action can be brought under relevant procedures to recover damages for the death of an individual “caused by the wrongful act or neglect or unlawful violence or negligence of another” if the victim had not already recovered damages for the same acts before their death.
The wrongful death claim is made against the person or party who is legally responsible for the unwarranted death of another. Eligible family members can be compensated for the pain and loss they experience, as well as the negative economic consequences they endure.
Common Causes of Wrongful Death
The broad definition of wrongful death in Pennsylvania includes accidental injuries, such as motor vehicle accidents, as well as intentional ones, such as battery or murder. Potential causes of wrongful death include the following:
- Car accidents
- Bus accidents
- Train accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Slips and falls
- Premises liability accidents
- Construction accidents
If you suspect that your loved one’s death would qualify as a wrongful death, an experienced attorney from our law firm can review your situation and advise you of your legal rights.
Why Should I File a Wrongful Death Case If There Is Already a Criminal Case?
Some facts support both a criminal and a civil case. For example, if your loved one’s death was due to drunk driving, there could be an underlying criminal case. You might wonder why a wrongful death case should be filed when there is already a criminal case.
First, the purpose of a wrongful death case is much different than that of a criminal case. A criminal case seeks to punish a defendant for breaking the law and deter similar conduct in the future. In contrast, a wrongful death claim seeks justice for grieving family members and helps provide financial compensation so they don’t have to bear a financial burden when their loved one died before their time.
Second, criminal cases have a higher burden of proof, requiring proof beyond a reasonable doubt, as opposed to the lower burden of proof required in civil cases of proof by the preponderance of the evidence. This means that it is often more difficult to
Third, how the family is – and is not – represented is different in wrongful death cases than in criminal ones. The prosecution represents society at large, not the specific victim or family. As such, they may make decisions that are in the public interest, like refusing to file charges, dismissing the case, or reducing the charges to save the government money. They aren’t restricted to doing what the grieving family wants. In contrast, a wrongful death attorney represents the family’s interests in a wrongful death case and takes their lead on whether they want to settle or litigate the case.
Wrongful death cases allow grieving family members to seek compensation and justice for the loss of their loved one. If the wrongful death lawyer can show that the defendant’s negligence, recklessness, or intentional misconduct caused the death, the family can recover compensation for the economic and non-economic damages they’ve sustained.
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
Pennsylvania law restricts the filing of wrongful death lawsuits to personal representatives. This is the person named in the decedent’s last will and testament. If the deceased person died without a will or a named representative of the estate, the court can appoint one. The personal representative is often the surviving spouse, other family member, or other qualified person.
The personal representative of the estate files the wrongful death claim on behalf of the decedent’s eligible beneficiaries, which include the surviving spouse, children, and parents of the decedent.
Financial Compensation Recoverable in Pennsylvania Wrongful Death Claims
While no amount of money can ever bring back your loved one, courts are limited to awarding financial compensation as a way to do the best they can to make things right. They reason that the grieving family shouldn’t have to bear the financial burden caused by someone else’s negligence. Damages that the surviving family members may be awarded in a wrongful death case include the following:
- Loss of household income: A sudden death can cause major financial upheaval, especially if the decedent was the sole or primary earner in the family. The family may be able to recover compensation for lost earnings, benefits, and other financial support.
- Loss of services: If the decedent provided support in the household or was retired, the surviving family members may be able to receive compensation for the loss of household services they suffered and may need to hire out, such as cleaning, childcare, and home maintenance.
- Funeral expenses: Loved ones can have reasonable funeral costs reimbursed through a successful wrongful death claim.
- Burial costs: Additional burial expenses may be incurred and recoverable as part of a wrongful death claim.
- Loss of companionship, comfort, and guidance: In addition to the monetary losses described above, your family may be able to recover compensation for the intangible losses your family has experienced, such as the loss of advice, society, affection, and guidance your loved one would have provided had they lived.
In addition to the compensation that can be recovered in a wrongful death case, the personal representative of the estate can file a survival action to recover damages that would have been paid to the decedent had they lived, including:
- Payment of medical bills
- Lost wages
- Reduced earning capacity
- Property damage
- The decedent’s pain and suffering
The Legal Process Involved in a Wrongful Death Case
The specific legal steps involved in a wrongful death case will depend on the particular situation. Many involve filing an insurance claim against the at-fault party, such as their auto liability insurance, property insurance, or commercial liability insurance. Your personal injury attorney will try to negotiate a fair settlement.
If a fair resolution cannot be reached, your lawyer may file a lawsuit on behalf of the personal representative of the decedent’s estate. The personal representative acts on behalf of the estate and can decide whether or not to accept a settlement.
If your case proceeds to litigation, your personal injury lawyer prepares the formal complaint, legal motions, and discovery requests. They help select the jury and present your case to them.
What Should I Do If I Suspect I Have Legal Grounds for a Wrongful Death Case
If you believe that your loved one’s demise is a wrongful death, you should take the following steps to protect your legal rights:
Obtain the Death Certificate
Be prepared with multiple certified copies of the death certificate. You will need it when filing the wrongful death claim, as well as when settling the estate.
Gather Evidence
Gather important documents related to the incident and your loved one’s death, such as:
- Accident reports
- Witness statements
- Medical records
- The decedent’s will
- Financial records, such as their check stubs and tax returns
- A journal your loved one kept after the accident and before their death
Keep a Journal
Keep your own journal that documents how your life has changed due to your loved one’s passing, including the stress of losing their financial support, the emotional impact the death has had on you and your children, and the feeling of overwhelm now that you have to do everything without your loved one’s help.
Avoid Discussing the Case
Do not discuss the case on social media. Insurance adjusters may be monitoring your social media accounts for anything that they can use against you. Also, avoid talking to anyone about your case besides your lawyer.
Hire an Experienced Attorney
You are already going through enough right now. An attorney can handle the next steps so you can focus on your family and your grief.
What Is the Time Limit for Filing a Wrongful Death Claim
In Pennsylvania, most wrongful death lawsuits must be filed within two years from the date of death. If the case is against a government agency, you will only have six months to provide formal notice to the agency of your intent to file such a claim. If you don’t file your lawsuit within the relevant time period, your claim can be barred.
Contact Us for a Free Consultation
If you would like to learn more about your legal rights and options following a loved one’s death, contact Cousin Benny Injury Lawyers for a free case review.