Of course we all understand that it is painful to lose a loved one, but it can be especially traumatic when the death could have been prevented and was the result of some form of negligence. Whether the fatal accident involved a motor vehicle collision, a medical error, a defective product, an industrial accident or a disease such a mesothelioma, you may have the right to recover compensation from the responsible party.
A Pennsylvania wrongful death lawsuit recognizes that it is not only the victim of a fatal
accident who suffers a compensable loss. Immediate family members are also affected when a loved one dies.
Compensating The Survivors Of Fatal Accidents
In a Pennsylvania death claim, two categories of claims are recognized:
In this action, a claim or suit is brought on behalf of the deceased family member. Compensation can be sought for any conscious pain and suffering your loved one may have experienced prior to death, as well as for his or her lost income.
Wrongful death claim:
The law recognizes that immediate family members
suffer emotional and financial injury as a result of a loved one's death. A wrongful death lawsuit is one that is brought for the benefit of the spouse, children
and/or parents of someone who dies as a result of an accident or a medical error. The
claim gives those family members the right to recover a variety of damages, including
lost wages and medical bills, and it also gives the family member the
right to recover for the loss of companionship and relationship with the loved one. Their recovery may include compensation for medical
expenses incurred before death; loss of the loved one's financial support; and
loss of emotional companionship, guidance and tutelage.
The family members have these rights to wrongful death recoveries regardless of the
type of accident that led to the death of the loved one. Therefore, wrongful death claims
can arise as a result of automobile accidents, medical mistakes, work site injuries,
defective products or any other circumstance where a fatal injury is caused by the
carelessness of another.
Nothing can erase the pain of a death caused by negligence. However, the law provides
for the possibility of reducing the burdens the surviving family members face by seeking
full and fair compensation for the losses recognized by Pennsylvania law. Medical bills,
burial expenses, lost wages, physical pain and suffering, mental anguish, and perhaps
most importantly, the loss of the relationship and companionship of a loved one are
damages we fight for.
We know how difficult it can be for families to contemplate and pursue legal battles while they are
consumed with grief over the loss of their loved one. We will assist you answering your many questions, evaluating your legal
options, and pursuing your claim. We can shoulder the legal burden for you, so you can focus on dealing
with your grief.
If you have lost a loved one due to the negligent conduct of another, call us as soon as possible
since time is of the essence. We will be there for you to provide guidance and
representation in protecting your rights and the interests of your family.