Wrongful death cases can be extraordinarily complex. Criminal law, civil law, and property law may intersect in wrongful death cases. A Pennsylvania wrongful death lawyer can help you understand if you have a wrongful death case. Our compassionate personal injury firm is here to help you through this difficult time.
Wrongful Death Lawsuits
A wrongful death claim is part of a civil lawsuit in which surviving family members of a decedent pursue monetary compensation for their injuries. The parties who bring the wrongful death claim are typically the surviving spouse or the decedent’s children. The individual person or legal entity responsible for the decedent’s death may have to pay damages to the surviving family members.
Wrongful death cases are civil lawsuits, not criminal prosecutions. The defendant in the case may be held liable under civil law, not criminal law. Oftentimes, a wrongful death lawsuit is filed even though a criminal case against the defendant is pending.
The Benefits of Retaining a Pennsylvania Wrongful Death Lawyer
Handling every aspect of a wrongful death case on your own can be daunting. Retaining a wrongful death lawyer in Pennsylvania can help you focus on other aspects of your life without devoting all of your time to a civil lawsuit. The following are some of the benefits of hiring a wrongful death lawyer:
- Seeking financial compensation from insurance companies
- Developing a strong case strategy
- Establishing the defendant’s liability
- Gathering and organizing medical records
- Investigating the facts
- Satisfying the burden of proof
Dealing with the legal filings and paperwork associated with a civil lawsuit can be difficult if you do not have experience in civil litigation. A wrongful death lawyer can provide you with excellent legal representation while allowing you to focus on your career, your family, and your friends.
Philadelphia Wrongful Death Lawyer Near Me (215) 985-2424
The Statute of Limitations for Wrongful Death Claims in Pennsylvania
The statute of limitations is a time period within which an injured victim must bring a civil lawsuit against a defendant. If the person who suffered injuries does not file a civil lawsuit within the statute of limitations period, then the individual may lose their right to seek financial compensation for their injuries.
In Pennsylvania, the statute of limitations for wrongful death actions is two years from the date of the decedent’s death. You may also need to file a notice of claim if you assert a wrongful death claim against a governmental entity. Speaking with a knowledgeable wrongful death attorney in Pennsylvania can help you understand more about wrongful death claims against municipalities and states.
Damages in Wrongful Death Cases
Both economic and non-economic damages are available in wrongful death cases. The following are some of the most common damages sought by those who survive the decedent:
- Pain and suffering
- Mental distress
- Loss of companionship, society, and support
- Funeral expenses
- Burial expenses
- Medical expenses
- Loss of future income
Surviving family members may also file a survivorship action in Pennsylvania. A survivorship action is a civil lawsuit in which the family members pursue financial compensation for the physical and mental suffering endured by the decedent before the time of death.
The Most Common Accidents that Lead to Wrongful Death Claims
Wrongful death cases may arise under many different circumstances. The following are some of the most common accidents that lead to wrongful death claims:
- Accidents resulting in catastrophic injuries
- Workplace accidents
- Construction site accidents
- Premises liability accidents
- Pedestrian accidents
- Motorcycle accidents
- Commercial trucking accidents
- Automobile accidents
- Nursing home abuse
- Inadequate medical treatment
- Failing to diagnose a medical condition
- Birth injuries
- Medical malpractice
Fatal accidents can occur at any time. A Pennsylvania wrongful death lawyer can help you investigate the facts associated with an accident to determine if you or your loved ones have a viable wrongful death claim.
The Emotional Toll of Wrongful Death Cases
Wrongful death cases often cause surviving family members to experience tremendous emotional pain. A civil lawsuit can last for years, and although the majority of cases settle, the cases that do go to trial may cause family members to relive traumatic events. It can make your case stronger if you retain a skilled wrongful death lawyer at the outset of the proceedings.
Family members often underestimate how difficult it can be to be deposed by opposing counsel. A wrongful death attorney can protect your legal rights through every phase of the case. Having an objective perspective can help you deal with the emotional toll of civil litigation.
Guardian Ad Litem
The decedent’s offspring may be younger than eighteen years of age. Any person younger than eighteen is a minor in Pennsylvania, and a minor may not assert legal claims on their own behalf. A parent typically brings any claims held by the minor because the parent is considered a natural guardian.
If the minor does not have a natural guardian who can bring their legal claims, then the court will appoint a guardian ad litem who will represent the minor’s interests. Speaking to a knowledgeable Pennsylvania wrongful death lawyer will help you learn more about this aspect of wrongful death lawsuits.
Settlement Negotiation, Mediation, and Arbitration
The majority of wrongful death cases are resolved through settlement negotiations. Mediation and arbitration are forms of alternative dispute resolution. It is possible that your case will be resolved during mediation.
Some cases are decided by an arbitrator during binding or non-binding arbitration. If the case proceeds to binding arbitration, the arbitrator’s determination will resolve the case. Some cases are appealable, and a Pennsylvania wrongful death attorney can help you understand more details about the appellate process.
Contact Rand Spear Today to Schedule a Free Consultation
If you need a wrongful death lawyer to seek monetary compensation for your injuries, then reach out to Rand Spear and the injury lawyers at Spear Greenfield in Pennsylvania and New Jersey. Our attorneys have years of experience representing clients in wrongful death cases. You can schedule a free consultation with an experienced lawyer today.
During the consultation, you can learn more about your legal rights and how a wrongful death attorney can help you. We can assist you with every aspect of your wrongful death case. Our firm works on a no-win, no-fee basis.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
