The loss of a loved one could be unbearable for a family, especially if the death was preventable. If you have lost a spouse, sibling, child, or family member due to the negligent actions of another, a compassionate personal injury attorney could help your case.
A Lehigh County wrongful death lawyer could advocate for your rights and the rights of the deceased. The attorney will bring their care, consideration, and legal knowledge needed to handle such a sensitive matter and strive to help you seek justice for your loss.
Defining Wrongful Death
42 Pennsylvania Statutes §8301 defines wrongful death as a death that is caused by a wrongful act, neglect, unlawful violence, or negligence of another person. Any action on this basis must be brought under the same claims the decedent could have raised had they lived. Therefore, a wrongful death action can be thought of as seeking compensation for this injury on behalf of the deceased.
Damages in a Wrongful Death Action
Damages refer to losses that a person suffers caused by the wrongful act of another. With the help of a dedicated Lehigh County wrongful death lawyer, injured claimants may be eligible to recover compensation for damages such as:
- Emergency services, hospital expenses, and other medical expenses before the person's death
- Lost wages and benefits relating to the lost earning power from the family
- Funerary expenses
- Estate administration expenses
- Compensation for loss of companionship, consortium, and other physical presence
- Compensation for pain and suffering
Time Limit to File a Lawsuit
A wrongful death lawsuit, like other personal injury claims, must be brought within the two-year statutory period 42 Pa. Stat §5524(2). The two-year deadline expires two years after the death of the decedent. Therefore, it is best to seek help with a wrongful death claim from a Lehigh County attorney as soon as possible.
Party Who May Bring a Lawsuit
A wrongful death action must be pursued by the personal representative of the estate of the decedent. The personal representative is usually an individual who will be named in the deceased Last Will and Testament or the person the named executor in the will. If the individual died intestate, meaning they had no will, then the court can appoint a representative.
The representative of the estate files the lawsuit on behalf of all the beneficiaries per 42 Pa. Stat §8301(b) – (d). Because of this, if the representative fails to file an action within six months, any beneficiary of the estate may file a lawsuit on the decedent's behalf. Therefore, it is particularly important that the personal representative act quickly and decisively in contacting a wrongful death attorney in Lehigh County if they wish to pursue a claim.
Consult with a Lehigh County Wrongful Death Attorney
While your loved ones can never be replaced, a lawyer could help you seek justice on their behalf. If you have lost a loved one due to the negligent or wrongful act of another, a dedicated Lehigh County wrongful death lawyer could help your case. A personal injury attorney will advocate on behalf of the decedent's estate and seek a favorable resolution on behalf of the estate.
Call today to schedule a consultation.