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Philadelphia Wrongful Death Lawyer

Dealing with the loss of a loved one is always difficult. This is especially true when their passing is unexpected and due to another person, business, or other entity’s negligence.

During this difficult time, a compassionate and seasoned Philadelphia wrongful death lawyer might be able to help. When another party’s reckless or careless behavior caused a fatal accident, you might be able to pursue compensation to help with funeral costs, medical expenses, and lost wages.

By retaining a dedicated Philadelphia personal injury lawyer, you could focus on spending time with your family with the knowledge that a legal professional is by your side.

Understanding Wrongful Death Laws

Wrongful death is defined under Pennsylvania Statute Section 8301. Simply put, it is a death that stems from the neglectful actions—or inaction—of another person. While these cases are civil, they can run parallel to a criminal prosecution.

Essentially, a family member of the deceased—along with their Philadelphia wrongful death attorney—can bring a cause of action on behalf of their loved one for any situation where, had the decedent survived, they could have filed a personal injury claim. These claims seek compensation for a number of damages, including funeral and burial expenses and wages that would have been received.

The Right to File Lawsuit

State law sets out what parties are entitled to bring a wrongful death suit forward. When an untimely death occurs, the right to file suit falls to the personal representative of the deceased’s state. In many instances, the will of the decedent appoints a person to serve as the representative. However, if his or her will does not specify a representative—or if the named person refuses to serve—the court must appoint a representative to oversee the case.

The family of a deceased person may not initially have the right to file suit, but they could share in the proceeds of any financial compensation. If the personal representative does not file suit within six months of the death, any family member entitled to the proceeds of the suit may file on behalf of every beneficiary. At that point, the right to sue is granted on a first come, first serve basis among potential beneficiaries. Because of these nuances, having the experience of a wrongful death attorney in Philadelphia could be beneficial.

Wrongful Death Damages

The damages in a wrongful death case are similar to those found in a personal injury lawsuit. However, there are some types of recovery in these suits that are not available in an injury case.

A meticulous Philadelphia attorney should consider the entire financial picture of the deceased’s life prior to their untimely passing in order to pursue every available type of damages. Common damages include:

  • Funeral and burial costs
  • Medical bills stemming from the final injury or illness
  • Estate administration fees
  • Pain and suffering
  • Loss of consortium
  • Loss of support
  • Lost wages

Survival Actions Explained

Under Pennsylvania law, wrongful death lawsuits and survival actions are two distinct legal claims that can be pursued concurrently. A survival action allows the deceased person’s estate to recover damages that the deceased could have pursued had they survived the fatal accident.

Unlike a wrongful death claim, which seeks to compensate surviving family members for their losses, survival actions are designed to provide financial compensation for the harm the victim personally experienced before their death occurred.

Philadelphia wrongful death lawyers handle both types of claims, ensuring that families receive fair compensation. A survival action can cover damages such as medical bills, lost wages, and pain and suffering the victim endured before passing.

Additionally, the estate may pursue punitive damages in cases of extreme negligence, such as medical malpractice or workplace accidents.

While wrongful death lawsuits benefit the deceased’s family members, a survival action benefits the decedent’s estate, which may then distribute the compensation according to the deceased’s will or Pennsylvania intestacy laws.

Pursuing both types of claims together allows the family and estate to maximize their monetary compensation and hold the negligent party fully accountable.

Given the complexity of wrongful death cases, including the nuances of survival actions, having an experienced wrongful death attorney in Philadelphia PA is crucial.

An attorney can guide the deceased person’s estate through the legal system, ensuring all necessary claims are filed, and can help seek financial compensation for funeral expenses, burial costs, and other damages stemming from the wrongful act.

If you’ve lost a loved one due to someone else’s negligence, reach out to a Philadelphia wrongful death lawyer for a free consultation.

Experienced wrongful death attorneys can help you understand your legal rights, file both wrongful death claims and survival actions, and pursue justice for the victim’s death.

Whether the case involves car accidents, truck accidents, motorcycle accidents, or unlawful violence, an attorney will work tirelessly to ensure you recover damages for the family member’s death and the harm caused by the negligent party.

Difference Between Wrongful Death and Criminal Cases

Wrongful death cases and criminal proceedings often arise from the same tragic incident but serve different purposes within the legal system. A wrongful death case is a civil lawsuit filed by the surviving family members or the deceased person’s estate against a negligent party whose actions led to a loved one’s death. These cases seek monetary compensation to help cover funeral expenses, medical bills, and lost wages resulting from the victim’s death.

In contrast, a criminal case is brought by the state against the person or entity responsible for the death, aiming to punish the wrongdoer with penalties such as jail time, fines, or probation. Criminal cases are not concerned with compensating the family for their financial losses; instead, they focus on holding the guilty party accountable for breaking the law through unlawful violence or other criminal actions.

One key distinction is the burden of proof. In criminal cases, the prosecution must prove guilt “beyond a reasonable doubt,” which is a higher standard. In a wrongful death lawsuit, the standard of proof is lower, requiring that the wrongful death lawyers demonstrate the defendant’s liability “by a preponderance of the evidence,” meaning it’s more likely than not that their actions caused the fatal injuries.

These cases can run parallel to one another. For instance, if someone is involved in a fatal accident that leads to criminal charges, such as vehicular manslaughter in a car accident, the family can also file a wrongful death lawsuit to seek financial compensation for their losses. Even if the defendant is found not guilty in the criminal case, they may still be held liable in a civil wrongful death case because of the differing standards of proof.

While criminal cases seek to punish the responsible party, wrongful death claims focus on providing justice and fair compensation for the family member’s death. An experienced wrongful death attorney can help families navigate both the civil and criminal aspects, ensuring their legal rights are protected and they receive the compensation they deserve.

Frequently Asked Questions

What is a wrongful death claim?

A wrongful death claim is a civil lawsuit filed by the family or estate of a person who has died due to another party’s negligence or wrongdoing. It seeks monetary compensation for losses such as funeral expenses, medical bills, and lost wages.

Who can file a wrongful death lawsuit in Philadelphia?

Under Pennsylvania law, the personal representative of the deceased person’s estate is typically responsible for filing a wrongful death lawsuit. If the personal representative fails to act within six months of the death, any of the deceased’s beneficiaries, such as family members, may file the claim.

What is a survival action?

A survival action is a separate claim that allows the deceased person’s estate to seek compensation for damages the victim could have pursued had they survived, such as medical bills, pain and suffering, and lost wages. These damages benefit the deceased’s estate rather than family members directly.

How do wrongful death claims and survival actions differ?

Wrongful death claims focus on compensating the family for losses such as funeral costs, loss of support, and companionship. Survival actions, on the other hand, seek damages on behalf of the deceased person for the pain and suffering they experienced before passing, as well as any lost wages or medical bills incurred.

Can I pursue a wrongful death claim and survival action at the same time?

Yes, Pennsylvania law allows both a wrongful death claim and a survival action to be pursued concurrently. Both claims seek different types of compensation and are designed to ensure that the family and the deceased person’s estate are fairly compensated for their respective losses.

What types of damages can be recovered in a wrongful death lawsuit?

Damages in a wrongful death case can include funeral and burial expenses, medical bills related to the deceased’s final injury or illness, loss of income or support, loss of companionship, and pain and suffering endured by surviving family members.

How long do I have to file a wrongful death lawsuit in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death. It’s important to act quickly, as missing this deadline can prevent you from seeking compensation.

Can I file a wrongful death lawsuit if there are criminal charges against the responsible party?

Yes, a wrongful death lawsuit can be filed even if criminal charges are pending or have been resolved. Civil wrongful death cases and criminal cases can run parallel, as they serve different purposes—compensation versus criminal punishment.

What types of accidents can lead to a wrongful death claim?

Common causes of wrongful death claims include car accidents, truck accidents, motorcycle accidents, workplace accidents, medical malpractice, defective products, and incidents of unlawful violence. An experienced wrongful death attorney can help determine whether you have a valid claim.

How can a wrongful death lawyer help my family?

A wrongful death lawyer can guide your family through the legal process, handle negotiations with insurance companies, file necessary paperwork, and build a strong case to help you recover financial compensation for your losses. Their experience ensures that your rights are protected, and you can focus on healing.

Is there a difference between wrongful death and personal injury claims?

Yes. While personal injury claims are filed by individuals who survive their injuries and seek compensation for their own damages, wrongful death claims are filed by the family or estate of a deceased person. Wrongful death lawsuits seek compensation for the losses experienced by both the family and the deceased person’s estate due to the victim’s death.

How do I know if I have a valid wrongful death case?

If your loved one’s death was caused by someone else’s negligence, recklessness, or intentional harm, you may have grounds for a wrongful death case. A free consultation with an experienced wrongful death lawyer in Philadelphia can help determine whether you have a valid claim.

Contact a Philadelphia Wrongful Death Attorney Right Away

Leonard Hill – Philadelphia Wrongful Death Lawyer

If you have lost a loved one due to another person’s careless, reckless, or otherwise negligent behavior, the idea of seeking compensation through a civil claim might feel overwhelming.

However, with the help of a tenacious and steadfast attorney, you could have help with each step. To learn more about your legal options, call a Philadelphia wrongful death lawyer whenever you feel ready.

Philadelphia Office Location

1700 Market St Suite 3150,
Philadelphia, PA 19103
215-567-7600

to speak to a member of our team today.