You deserve space and consideration to grieve after a loved one dies. However, there are situations wherein you also deserve the right to legal action, particularly on behalf of a loved one whose death could have been avoided. If you believe a loved one’s death stemmed from someone else’s negligence, you can bring your case to the attention of a wrongful death lawyer.
Spear Greenfield has over 200 years of combined experience addressing personal injury cases, including wrongful death cases. Our wrongful death lawyers in Philadelphia, PA, can spearhead a wrongful death case while giving you the time you need to grieve. We are committed to fighting for your right to justice and the damages you deserve.
What Is a Wrongful Death Claim?
Wrongful deaths root themselves in negligence. This category of personal injury is defined by its relationship to unlawful behavior or the violation of the duty of care owed to the injured party. If you can bring forward evidence of negligence when assessing a loved one’s death, that negligence may entitle you to legal action.
Who Can File a Wrongful Death Claim in Pennsylvania?
Pennsylvania is particularly specific in the statutes it has addressing wrongful death. For example, 42 Pennsylvania Consolidated Statutes Annotated (PA CSA) §8301 dictates that only certain members of the deceased’s family may take legal action on that person’s behalf. These parties include the deceased’s spouse, parents, or children.
If you do not fall into one of these categories, you don’t have the right to demand the deceased’s damages in civil court. However, you retain the right to file your personal injury claim in civil court. In addition, you can demand that a liable party help you contend with your post-accident financial demands, including income lost when a loved one dies.
You can discuss the full extent of your filing rights with a wrongful death attorney in Philadelphia. We’re available to meet on your terms and discuss how you would like to represent your loved one’s case when it goes before a judge.
What Damages Can You Recover in a Wrongful Death Case?
The wrongful death of a loved one does more than put your personal life on hold. If you relied on a loved one for financial support, or if your and your loved one’s finances were otherwise interreliant, you may find yourself contending with unexpected bills in the wake of your loved one’s passing.
Similarly, you’ll have to contend with funeral expenses and the other costs that come with your loved one’s after-life care. It’s a particular cruelty to force you to contend with all of those expenses on top of the emotional upheaval you’re contending with. That’s why Pennsylvania law allows you to demand damages for your losses.
When you file a personal injury claim, you have the right to request damages covering your and your loved one’s:
- Medical bills
- Funeral costs
- Loss of income
- Loss of child support
- Loss of relationship and/or companionship
- Loss of parental guidance
- Emotional distress
- Pain and suffering
Philadelphia Wrongful Death Lawyer Near Me (215) 273-9636
What to Expect When Filing a Wrongful Death Claim
Once you’ve found evidence of negligence and compiled that evidence into a coherent wrongful death claim, you can present your claim to representatives in a Philadelphia civil court. Those representatives can consider your right to file and the nature of your case before awarding you the opportunity to move your case forward.
If your wrongful death case moves forward, you have choices to make. You can negotiate with a liable party to secure a settlement offer. Alternatively, you can take your case straight to court. If you move for a wrongful death trial, you can initiate discovery alongside your Philadelphia wrongful death attorney. You can then prepare for:
- Opening statements
- Examination
- Cross-examination
- Closing statements
- Deliberation
- Verdict
That said, you’re expected to file a wrongful death claim on Pennsylvania’s established deadline. 42 Pennsylvania Consolidated Statutes section 5524 details the state’s statute of limitations for personal injury cases, including its wrongful death claims. You have no more than two years from the day of your loved one’s passing to bring your claim forward in civil court.
The Benefits of Working With Spear Greenfield
Contending with the unexpected loss of a loved one can send you and other members of your family into a tailspin. Coming out of that tailspin is hard enough when you’re not thinking about legal action. Compound your grief with legal jargon and deadlines, though, and your recovery can seem unfathomable.
In reality, that’s not the case. When you bring a Philadelphia, PA, wrongful death lawyer onto your team, you can seek out legal action without compromising your right to grieve.
Spear Greenfield’s team of personal injury attorneys boasts over 200 years of combined experience. Our family-owned firm has served families throughout Pennsylvania and New Jersey for over 30 years. In that time, we’ve won over half a billion dollars for clients in need, including clients pursuing wrongful death claims.
You can learn more about the services that our attorneys can provide you and your loved ones during a free, no-obligation case consultation. What’s more, you can count on our team to take your financial circumstances into account when assessing your case. Spear Greenfield does not get paid for our services unless we win your case.
Start Your Claim With Our Accidental Death Attorneys
Compiling a wrongful death claim can help you contend with a loved one’s passing, but that doesn’t mean that the process is easy. You can collaborate with a wrongful death lawyer in Philadelphia to make the process more cathartic than it might otherwise be. What’s more, our team can ensure that your complaint addresses all of your loved one’s relevant losses.
Reach out to Spear Greenfield today to learn more about your right to take legal action on behalf of a departed loved one. We can guide you through the process of investigating a loved one’s death while also giving you the space you need to grieve. You can contact us today online or by calling our office.
Call or text (215) 273-9636 or complete a Free Case Evaluation form
