Allentown Wrongful Death Attorney
Losing a loved one is an unimaginably difficult experience, especially if the loss is a result of another party’s negligence or misconduct. An Allentown wrongful death attorney at PhillyLaw is highly experienced in handling wrongful death cases, offering crucial support and representation to surviving family members. They understand the profound impact these tragic events can have on families, both emotionally and financially. With a compassionate yet determined approach, they strive to ensure those affected receive the justice and compensation they are entitled to, helping to alleviate some of the burdens during such a difficult time. If your family member has died as a result of someone’s wrongful actions, an Allentown wrongful death attorney at PhillyLaw will offer a free consultation for you to determine whether you can seek justice through a wrongful death case for your loved one’s death.
Pursuing Wrongful Death Claims Under Pennsylvania Law
Under Pennsylvania law, personal injury cases filed under wrongful death claims allow the deceased’s surviving family members or estate to seek compensation for their loss due to someone’s wrongful conduct. Wrongful death lawsuits can include financial compensation for medical expenses incurred prior to death, funeral and burial costs, lost wages and benefits, as well as pain and suffering experienced by the deceased before they passed. Families must understand that there is a specific timeframe, known as the statute of limitations, within which a wrongful death claim must be filed. Consulting with an experienced wrongful death attorney in Allentown, PA can help you understand your rights and seek justice for your loved one.
Understanding Wrongful Death in Pennsylvania
In Pennsylvania, wrongful death is defined as a death that occurs due to the wrongful act, negligence, breach of contract, or warranty of another person or entity. This legal provision is meant to provide financial relief to family members who depended on the deceased for emotional and financial support. The law considers a wrongful death claim as a means to compensate the surviving family for the loss of a loved one’s companionship and earnings and to cover expenses related to the death, such as funeral costs. The right to file a wrongful death lawsuit against responsible parties in Pennsylvania is limited to specific beneficiaries, including the spouse, children, or parents of the deceased. Engaging with a skilled Allentown wrongful death lawyer at PhillyLaw is crucial to navigating these complex proceedings and advocating for the deserved compensation.
Who Can Pursue a Wrongful Death Claim?
In Pennsylvania, not everyone is eligible to pursue a wrongful death claim. The law specifically allows the personal representative of the decedent’s estate to file the lawsuit on behalf of the beneficiaries. These beneficiaries often include immediate family members such as the deceased’s surviving spouse, children, and sometimes parents. If the personal representative does not file a claim within six months from the date of death, any of the beneficiaries have the right to file the claim on behalf of all the beneficiaries. This legal framework ensures that those who were most closely related and financially dependent on the deceased, such as the surviving spouse and dependents, have a pathway to seek compensation and closure.
Statute of Limitations for Wrongful Death Lawsuits in Pennsylvania
In Pennsylvania, the statute of limitations for filing a wrongful death suit is a critical timeframe that surviving family members must be aware of. Specifically, the law mandates that a wrongful death suit must be filed within two years from the date of the deceased person’s death. This period allows families some time to grieve before having to engage in legal proceedings, but it is essential not to delay in contacting an attorney. Failing to file within this timeframe can result in the loss of the right to compensation. Families need to consult with a knowledgeable Allentown wrongful death lawyer as soon as possible to ensure that all legal actions are taken within the designated period. Understanding and adhering to this statute of limitations is crucial for pursuing justice and obtaining any financial compensation to which the family may be entitled.
Proving Negligence in a Wrongful Death Claim
To successfully recover compensation in a wrongful death claim in Pennsylvania, the plaintiff must establish that negligence or a wrongful act by the defendant resulted in the death of their loved one. Proving negligence for the wrongful acts of the defendant holds the responsible party accountable for the deceased’s fatal injuries.
Proving negligence for an Allentown wrongful death claim involves proving four key elements:
Duty of Care
The plaintiff must show that the defendant owed a duty of care to the deceased. This could mean a motorist’s duty to drive safely, a doctor’s obligation to provide standard care, or a manufacturer’s responsibility to produce safe products.
Breach of Duty
Next, it must be demonstrated that the defendant breached this duty through negligence, such as by driving recklessly, failing to diagnose a treatable condition, or producing a faulty product.
Causation
The plaintiff must prove that the defendant’s breach of duty directly caused the death of their loved one. This connection between the defendant’s action (or inaction) and the result of death must be clear and direct.
Damages
Finally, the plaintiff needs to show that the death resulted in measurable damages. This can include medical expenses incurred before death, funeral and burial costs, loss of income and potential future earnings, loss of companionship, and emotional distress suffered by the family members.
Demonstrating these elements requires rigorous investigation, collection of evidence, and often, expert testimony. An experienced Allentown wrongful death attorney will have the resources and expertise necessary to construct a compelling case, guiding the grieving family through this complex legal process while they focus on healing.
Compensation Available for Wrongful Death Cases in Pennsylvania
When a wrongful death claim is successfully pursued in Pennsylvania, wrongful death damages awarded can cover a wide range of losses. These compensatory damages are intended to alleviate the financial and emotional strain experienced by the deceased’s family and dependents. The primary categories of compensatory damages include:
Medical Expenses
Costs incurred for the medical care of the deceased related to their fatal injury or illness prior to death.
Funeral Expenses and Burial Costs
Reasonable expenses related to funeral services and burial or cremation.
Estate Administration Costs
Expenses associated with managing and distributing the decedent’s estate.
Lost Wages and Benefits
The income the deceased would have earned in the future, including wages, benefits, and other earnings, had they not passed away.
Loss of Companionship and Guidance
Compensation for the emotional pain and suffering due to the loss of the deceased’s love, companionship, comfort, and guidance.
Pain and Suffering of the Deceased
In some cases, compensation can be awarded for the pain and suffering the deceased endured due to their injuries before death.
Punitive Damages in Wrongful Death Claims
In addition to compensatory damages, Pennsylvania law also allows for the possibility of punitive damages in some wrongful death suits. Unlike compensatory damages, which are intended to repay the victims for their loss, punitive damages serve a different purpose. They are awarded in cases where the defendant’s actions were especially egregious, malicious, or reckless. The aim of punitive damages is to punish the defendant for their wrongful behavior and to deter similar conduct in the future.
The specific amount and type of damages awarded in a wrongful death case vary significantly from one case to another, influenced by the deceased’s age, their earning capacity, the circumstances of their death, and the degree of financial and emotional dependence of the survivors on the deceased. It is essential for families to work closely with a skilled wrongful death lawyer in Allentown at PhillyLaw to accurately assess and argue for the full extent of damages to which they are entitled.
Filing a Wrongful Death Lawsuit
Deciding whether to file a wrongful death lawsuit in Pennsylvania involves understanding the specific time constraints imposed by the state’s statute of limitations. Under Pennsylvania law, the statute of limitations for wrongful death suits is two years from the date of the deceased’s death. This means that family members or the personal representative of the deceased’s estate must initiate legal action within this timeframe to seek compensation for their loss. Failure to file within this period typically results in the loss of the right to claim damages.
It’s crucial to start the process as soon as possible to ensure that all necessary evidence can be gathered and preserved. This includes obtaining medical records, eyewitness accounts, and any other documentation that can support the claim. Beginning earlier also provides your wrongful death attorney ample time to construct a strong case. Given the complexities involved in proving wrongful death claims and the emotional toll of navigating legal procedures while grieving, consulting with the experienced wrongful death lawyers at PhillyLaw right away can offer crucial support and guidance. An attorney can evaluate the specific circumstances of your case, advise you on the feasibility of your claim, and ensure that all legal requirements are met within the appropriate timeframe.
Survival Actions in Pennsylvania
In addition to wrongful death actions, Pennsylvania law allows for “survival actions.” While a wrongful death lawsuit is intended to compensate the deceased’s family, including the surviving spouse and dependents, for their loss including medical and funeral expenses, a survival claim is aimed at addressing the rights and losses of the deceased had they survived. This legal recourse permits the estate of the deceased to recover damages that the deceased could have claimed if they had lived.
Survival actions encompass a range of damages including, but not limited to, the decedent’s medical expenses from the time of the injury until death, lost wages during the same period, and compensation for the pain and suffering experienced by the deceased prior to death. Essentially, it is a continuation of any personal injury claims the deceased could have pursued, now pursued by the estate on their behalf.
It’s important to note that any compensation recovered through a survival action becomes part of the decedent’s estate. Consequently, this compensation is subject to the deceased’s will or, in the absence of a will, to Pennsylvania’s intestacy laws. This distinction means that the beneficiaries of a survival action may differ from those in a wrongful death claim, depending on the specifics of the deceased’s estate planning.
Engaging a skilled wrongful death lawyer can help ascertain the potential for both wrongful death and survival actions in the wake of a loved one’s passing, ensuring comprehensive pursuit of all available legal remedies.
Allentown Wrongful Death Attorneys Are Here to Help
Losing a family member and loved one is an indescribably painful experience, especially when their death could have been prevented. In these trying times, it is difficult for families to think about legal matters. However, pursuing a wrongful death claim can be a crucial step towards achieving justice and financial stability for those left behind. The Allentown wrongful death attorneys are here to handle your legal representation after your devastating loss.
Our dedicated team of wrongful death lawyers understands the pain and confusion that follows a loved one’s untimely death. We are committed to providing compassionate support while vigorously fighting for the rights of the deceased and their families. By leveraging our deep knowledge of Pennsylvania personal injury law, extensive experience in wrongful death suits, and detailed investigative resources, we aim to ease the burden on grieving families by handling all legal procedures, negotiations, and courtroom battles related to your wrongful death claim.
We work closely with family members to ensure that they are fully informed and involved at every stage of the legal process, without overwhelming them during their period of mourning. Our goal is to recover the maximum compensation possible, whether through settlement negotiations or, if necessary, at trial. This way, family members can focus on healing and remembering their loved one, secure in the knowledge that skilled attorneys are fighting to recover their financial losses.
If you’re navigating the aftermath of a wrongful death, know that an Allentown wrongful death attorney from PhillyLaw is here to help you through this difficult time. We are ready to leverage our expertise to help family members recover the compensation they need and deserve. Contact us for a free consultation to learn more about pursuing a wrongful death claim in Lehigh County.