A Wrongful Death Claim: What is it and How Do I Know If I Have a Case?

The unexpected loss of a loved one is one of the most heart-wrenching experiences anyone can endure. The grief and sorrow accompanying such a loss can be overwhelming, affecting every aspect of life. When that loss is due to someone else’s negligence or intentional wrongdoing, the pain is often compounded by profound feelings of anger and injustice. The thought that the death could have been prevented can create an unbearable emotional burden. In these circumstances, a wrongful death claim can offer a path to seeking justice and compensation for the loss. This legal avenue not only aims to hold the responsible parties accountable but also provides a means for the surviving family members to cope with the financial and emotional fallout, including medical bills, funeral expenses, lost future income, and the loss of companionship and support.

Navigating the legal landscape of wrongful death claims can be incredibly complex, involving intricate legal procedures and detailed evidence gathering. It requires a thorough understanding of state-specific laws, which dictate who can bring the claim, the types of damages that can be recovered, and the time frame within which the claim must be filed. For families grappling with the aftermath of such a tragic loss, a wrongful death claim can provide some measure of relief during an unimaginably difficult time. By engaging the services of experienced wrongful death lawyers, families can navigate this challenging process with the support and expertise needed to build a strong case, secure the compensation they deserve, and achieve a sense of closure.

What Is a Wrongful Death Claim?

A wrongful death claim is a type of civil action brought when the negligence or misconduct of another party causes a person’s death. Unlike criminal cases, which are prosecuted by the state, wrongful death cases are filed by the deceased’s surviving family members or representatives. These claims aim to provide compensation for the financial and emotional losses suffered by the family. In Pennsylvania, these claims are governed by specific statutes that dictate who can file and what damages can be sought.

Who Can File a Wrongful Death Claim?

Typically, wrongful death claims can be filed by close family members of the deceased, such as spouses, children, and sometimes parents. In Pennsylvania, the right to file a wrongful death action is primarily given to the personal representative of the deceased’s estate. However, if no action is taken within six months of the death, any family member entitled to benefit from the recovery can file the claim.

What Are the Common Causes of Wrongful Death?

Wrongful death claims can arise from a variety of circumstances, including but not limited to:

• Motor Vehicle Accidents: Negligent driving, drunk driving, and defective auto parts can all lead to fatal accidents. Suppose a tragic case involved a drunk driver causing a multi-vehicle accident on the Pennsylvania Turnpike, which resulted in multiple fatalities. In that case, there may be several subsequent wrongful death claims.
• Medical Malpractice: Errors in medical treatment, surgical mistakes, and misdiagnoses can result in wrongful death. For example, a delayed cancer diagnosis leading to a patient’s untimely death could prompt the family of the deceased to file a wrongful death lawsuit against the healthcare provider.
• Workplace Accidents: Unsafe working conditions, inadequate training, and faulty equipment can lead to fatal injuries. Pennsylvania has seen cases where industrial accidents in factories led to wrongful death claims by the families of deceased workers.
• Product Liability: Defective products that cause fatal injuries can be the basis for a wrongful death lawsuit. A defective airbag that failed to deploy during a collision could result in a wrongful death claim against the automobile manufacturer.

What Damages Can Be Recovered in a Wrongful Death Lawsuit?

Compensation in wrongful death cases can include economic and non-economic damages. Economic damages cover quantifiable financial losses such as medical bills, funeral expenses, and lost future income. Non-economic damages compensate for more subjective losses like pain and suffering, loss of companionship, and emotional distress. In some cases, punitive damages may also be awarded to punish particularly egregious conduct and deter similar behavior in the future. Pennsylvania law allows for the recovery of these damages, ensuring that families are compensated for tangible and intangible losses.

How Is Negligence Proven in a Wrongful Death Case?

To succeed in a wrongful death claim, the plaintiff must prove that the defendant owed a duty of care to the deceased, that this duty was breached, and that the breach directly caused the death. This qualifier often requires thorough investigation and evidence gathering, including witness testimony, expert opinions, and incident documentation. An experienced wrongful death lawyer in Pennsylvania can be instrumental in building a strong case, utilizing state-specific legal precedents and resources.

What Is the Statute of Limitations for Filing a Wrongful Death Claim?

The statute of limitations for wrongful death claims varies by state, generally ranging from one to three years from the date of death. In Pennsylvania, the statute of limitations for filing a wrongful death claim is two years from the date of death. Filing within this time frame is crucial to preserve your right to seek compensation. Missing the deadline can result in losing the ability to file a claim entirely.

How Can a Wrongful Death Claim Provide Closure and Justice?

While no amount of money can replace a lost loved one, a successful wrongful death claim can provide financial stability and a sense of justice for the family. It holds the responsible party accountable and can lead to changes that prevent similar tragedies in the future. This process can also bring a measure of closure, helping families to move forward after their loss.

Contact Westmoreland Injury Lawyers for Compassionate Legal Guidance

If you have lost a loved one due to someone else’s negligence, you may be entitled to file a wrongful death claim. At Westmoreland Injury Lawyers, we understand the emotional and financial toll such a loss can take on a family. Our compassionate and experienced team is dedicated to helping you navigate this challenging time, ensuring your rights are protected and you receive the compensation you deserve.

Take the first step towards seeking justice for your loved one. Contact Westmoreland Injury Lawyers today to discuss your case and explore your options. Our team is here to support you every step of the way.