Wrongful Death
Have you lost a loved one due to an accident?
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:
Survival claim:
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.