Dealing with a loved one’s death can be challenging, particularly when it results from someone else’s negligence. In addition to facing immense emotional pain, there are various other difficulties, such as emotional stress, pain, financial hardship, and other legal concerns. However, filing a wrongful death claim against the party at fault could provide some relief to the deceased’s family members.
Wrongful death occurs when a person dies due to someone else’s negligence or wrongful act. The deceased person’s family can file a wrongful death claim against the person at fault and receive fair compensation for the medical, financial, and emotional losses resulting from their loved one’s death.
The deceased’s family members, spouse, or dependent child must file a lawsuit to receive compensation for their economic and non-economic losses. Therefore, contacting a knowledgeable Philadelphia personal injury lawyer may prove to be of enormous help for the victim’s family. A lawyer can inform you of your case’s legal perspective, answer all your questions about the complete legal process, and help you seek a financial award.
Wrongful Death Statute prevailing in Philadelphia
Pennsylvania’s state statutes involving wrongful death, including the statute pertaining to death actions found at 42 PA Cons Stat § 8301, provide answers to the following:
- Who is eligible to file a wrongful death claim?
- The statute of limitations for a wrongful death claim is applicable.
- What is the expected financial award?
In a wrongful death action, the claimants must demonstrate that the defendants’ wrongful act, neglect, unlawful violence, or negligence caused the death, and the deceased must not have previously received damages for the same injuries during their lifetime. The time limit to bring a claim, as well as the possible financial award, are defined elsewhere in the state’s consolidated statutes. To know more about the laws prevailing in Philadelphia, seek guidance from a renowned Wrongful Death Lawyer.
Are you eligible to recover damages in a wrongful death lawsuit?
In Philadelphia, a person is eligible to recover damages in a wrongful death lawsuit if they are a surviving child, spouse, or parent of the deceased person. If there are no qualifying beneficiaries, the estate’s personal representative may file a wrongful death action to recover reasonable expenses from the injuries that led to death. The personal representative may be a relative of the deceased with a more distant degree than a child, spouse, or parent.
Statute of Limitations in Philadelphia
In Philadelphia, the statute of limitations for wrongful death claims is two years from the date when the victim died, as mentioned in 42 PA Cons Stat § 5524 (2014). The court will only agree to hear anyone’s case for two years, with some exceptions. Hence, an individual must always make a point to consult an experienced lawyer who has expertise in handling such types of cases.
There are various types of damage from which you can recover.
If a person has filed a wrongful death lawsuit, then he or she is liable to be reimbursed for the following expenses:
- Medical expenses
- Hospital expenses
- Funeral and burial expenses.
- The deceased person’s pre-accident income is no longer available.
- Expenses related to estate administration
- Loss of guidance, comfort, and companionship
In Philadelphia, non-economic damages like emotional loss, pain, suffering, and psychological losses are also recoverable for the decedent’s family.
We are providing evidence in a wrongful death case.
Similar to personal injury lawsuits, in a wrongful death lawsuit, a claimant has to show proof of the defendant’s carelessness. The court will award the plaintiffs the full amount of all damages. This is dependent on a variety of factors, including the deceased person’s future earnings, expected lifespan, and various other expenses. It’s crucial to gather and preserve all evidence to get fair compensation.
When you file a wrongful death lawsuit in Philadelphia, you need to show all the evidence that would have been required of the deceased person to prove a valid claim. For example, if a person dies due to chemical exposure on a construction site, the personal representative must prove that the property owner or construction site owner was negligent in failing to keep the property safe and secure.
However, these claims can be quite difficult to prove. This is why consulting a Philadelphia lawyer can prove valuable in establishing your claim. If you are the surviving spouse, child, or parent of a person who has died as the result of someone else’s negligence, an experienced wrongful death attorney will help you to gather the evidence and prove the case.