Pennsylvania Wrongful Death Lawyers

Wrongful death occurs when an individual’s loss of life is directly caused by another party’s negligence, recklessness, or intentional actions. The allegedly liable party can be one person, more than one person, or an entity like a healthcare provider or government agency. In general, if the deceased would have had grounds to pursue a personal injury claim had they survived, their survivors may have grounds to pursue a wrongful death claim.

Wrongful death cases arise from a variety of incidents that result in the loss of life due to negligence, recklessness, or intentional actions:

• Medical malpractice involves errors by healthcare professionals that lead to fatal consequences, such as misdiagnosis, surgical errors, or medication mistakes.
• Motor vehicular accidents, including car accidents, pedestrian accidents, and truck accidents, are often caused by negligence.
• Unsafe premises can also lead to wrongful deaths, like slip and fall accidents, inadequate security leading to assaults, or defective products causing fatal injuries.
• Workplace accidents, particularly in high-risk industries like construction or manufacturing, may result in fatalities due to safety violations, equipment failure, or inadequate training.

Wrongful deaths also occur through criminal acts like homicides or assaults, as well as actions by law enforcement officers or prison staff. These incidents may involve excessive force, neglect, or failure to provide necessary medical care. As you can see, wrongful death cases encompass a broad spectrum of incidents. All are characterized by the tragic loss of life caused by negligence or wrongful actions by others.

The laws governing who can file a wrongful death claim vary by jurisdiction. In Pennsylvania, the deceased person’s estate executor is responsible for filing the wrongful death lawsuit. If nothing is filed after six months following the death, any beneficiaries can file the claim on behalf of all of them. These individuals typically include close relatives or others with legal standing to file a claim. Examples include:

• Spouses
• Children
• Parents
• Other individuals who can demonstrate financial dependence or significant personal relationship with the deceased
• Appointed representatives of the deceased’s estate according to specific eligibility criteria

In wrongful death cases, damages may cover losses the deceased’s loved ones incurred:

• Funeral and burial expenses
• Hospital and medical expenses
• Emotional pain and suffering
• Estate administration expenses
• Lost wages and benefits
• Loss of the deceased’s household services

Additionally, punitive damages may be awarded in cases involving particularly egregious conduct.

The statute of limitations for filing a wrongful death claim varies by state and the circumstances of the case. In Pennsylvania, it is generally two years from the date of death, not the accident date. You should consult with a lawyer, as exceptions or specific circumstances could affect the deadline for filing your claim. It is always best to take legal action as soon as possible to protect your rights and give your lawyer ample time to gather evidence and build a compelling case. Delaying legal action can jeopardize your ability to seek compensation.

Establishing liability in a wrongful death case requires a thorough investigation into the circumstances surrounding the incident. This may involve gathering evidence, interviewing eyewitnesses, consulting expert witnesses like medical professionals, and reviewing relevant laws and regulations.

The duration of a wrongful death case can vary significantly depending on factors like the case’s complexity, the cooperation of involved parties, and the court’s schedule. Some cases may be resolved quickly through negotiation and settlement, while others may require lengthy litigation that spans several months or even years.

At Tabakin Wolfe & Nerenberg LLP, we understand that financial concerns may add stress to an already challenging situation. That is why we manage personal injury and wrongful death cases on a contingency fee basis. You pay nothing upfront, and we only collect legal fees if we secure compensation on your behalf. We are committed to ensuring that access to justice is available to everyone, regardless of their financial circumstances.

Choosing the right lawyer to represent your interests is critical in wrongful death cases. At Tabakin Wolfe & Nerenberg LLP, we combine compassionate advocacy with a track record of success. Our dedicated team will tirelessly pursue justice for your loved one while providing you with the support and guidance you need during this difficult time.