Having a strong support system is helpful in this difficult time. This includes an experienced and compassionate Levittown wrongful death lawyer who can help you navigate the legal process, fight for justice, and secure potential compensation.
At Rand Spear Law, a Levittown personal injury lawyer from our team that has 15 dedicated attorneys passionately advocates for families in Levittown and throughout Pennsylvania who have lost loved ones due to the fault of others.
How to Determine if You Have a Case
Not every tragic death will allow you to file a wrongful death claim in Pennsylvania. To have a valid case, you must be able to establish that the fatality was caused by the negligent, reckless, or intentional actions or inaction of another person or entity.
This can include various situations, like car accidents caused by distracted or impaired drivers, workplace accidents due to unsafe conditions or lack of training, or deaths caused by medical malpractice or defective products.
You must also show that you have suffered quantifiable damages as a result of your loved one’s death. These damages can include economic losses such as medical bills, funeral and burial expenses, and lost income and compensation the deceased would have earned. They can also include non-economic damages such as loss of love, companionship, guidance, and emotional support.
Determining whether you have a valid wrongful death case requires a careful analysis of the facts. You must be able to provide a clear understanding of the circumstances surrounding the death.
A Levittown wrongful death attorney can review your case, gather evidence, consult with experts, and provide guidance on your legal options and the strength of your potential claim.
Determining if You Are Still within the Timeframe
Be aware of the legal deadlines for filing a wrongful death lawsuit, known as the statute of limitations. In Title 42 – Pennsylvania General Assembly, the general statute of limitations for wrongful death claims is two years from the date of the person’s death. However, there are some key exceptions and nuances to keep in mind:
- Claims against government entities have a shorter deadline, requiring notice within six months.
- The discovery rule may extend the deadline if the cause of death is not immediately apparent.
- Certain circumstances may pause or extend the statute of limitations, such as if the deceased was a minor or if there are pending criminal charges related to the death.
Failing to file your lawsuit within the applicable statute of limitations can result in losing your right to seek compensation through the courts. It is important to seek advice from a wrongful death attorney in Levittown as soon as possible.
Grieving is one of the worst situations, but it is still important to make sure you file within the deadlines, and thankfully an attorney can take some of the legal burden off your shoulders.
Levittown Wrongful Death Lawyer Near Me (215) 985-2424
Possible Individuals to File a Claim
In Pennsylvania, the personal representative of the deceased person’s estate, typically a surviving spouse, adult child, parent, or appointed close relative, is the one who can file a wrongful death claim according to the law. This personal representative pursues the claim on behalf of the estate and any eligible beneficiaries. Some examples may include:
- Surviving spouse
- Children (including adopted children)
- Parents
- Other dependent family members
If there is no surviving spouse, children, or parents, the personal representative may bring a claim on behalf of other more distant relatives. The distribution of any damages recovered will follow the state’s intestate succession laws, which determine the priority of heirs. Consulting with a lawyer can help clarify who is eligible to file a claim and recover damages in your particular situation.
Potential Damages to Claim
A successful wrongful death claim can provide financial recovery for various types of damages, No damages are ever guaranteed. However, some potential damages you may seek could be:
- Medical expenses related to the deceased person’s final injury or illness
- Funeral and burial costs
- Lost income and employment benefits the deceased would have earned
- Lost household services provided by the deceased
- Loss of companionship, society, guidance, and emotional support suffered by surviving family members
- The deceased’s pain and suffering prior to death
In some cases, punitive damages may also be available if the defendant’s actions were particularly egregious or intentional. Calculating damages in a wrongful death case requires consideration of numerous factors. A wrongful death lawyer in Levittown can help assess your losses and fight for full and fair compensation.
What You Will Have to Prove
To succeed in a wrongful death lawsuit, you will need to prove several key elements by a preponderance of the evidence. This means it is more likely than not that the defendant is liable. These elements include:
- Duty: The defendant had a legal obligation to care for the deceased, which includes responsibilities like safe driving or delivering proper medical care.
- Breach: The defendant breached this duty through negligent, reckless, or wrongful acts or omissions, such as running a red light or misdiagnosing a serious condition.
- Causation: The defendant’s breach directly and proximately caused the death. This means the death would not have occurred but for the defendant’s actions or inaction.
- Damages: The death resulted in compensable damages to the estate and surviving family members, such as final medical bills, funeral costs, lost income, and loss of support and guidance.
The specific evidence needed to prove these elements will vary depending on the unique circumstances of each case. Common types of evidence in wrongful death cases may include accident reports, medical records, expert testimony, witness statements, and documentation of financial and other losses. A wrongful death lawyer in Levittown can help investigate your case, gather and preserve crucial evidence, and build a compelling claim for damages.
Get Justice with a Levittown Wrongful Death Attorney
Holding negligent parties accountable and obtaining financial recovery can provide a measure of justice and much-needed support for grieving families.
If you have lost a family member due to someone else’s negligence or wrongdoing, you have a right to seek legal help. Contact us today to start with a free, no-obligation consultation.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
