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A Wrongful Death Attorney Can Help You Through This Difficult Situation Today

An image of a clipboard with a piece of paper that says wrongful death on it.

Wrongful death is a terrible tragedy that can affect anyone at any time. Wrongful death is a type of personal injury claim. Typically, these legal actions arise when somebody's reckless or negligent conduct causes harm or injury to another person that results in that person's death.

A wrongful death claim in Pennsylvania is brought by the deceased person's family members who assert that the negligent party is responsible for the loss of their loved one's life. These cases can be emotionally intense and painful, but with help from a skilled wrongful death attorney, you can receive the compensation you deserve for losing your loved one.

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Types of Wrongful Death Cases

Wrongful death cases can arise from various situations, and there are more avenues to claim wrongful death than just medical malpractice cases. Working with an experienced wrongful death lawyer is essential when you are seeking a legal expert to navigate these difficult situations.

NEGLIGENCE

If negligence is the root cause of the harm that leads to death, it may have been a wrongful death. Examples of negligent wrongful death may include:

  • Car accidents
  • Falls
  • Defective product design, like a poorly designed car
  • Drownings
  • Assault or battery resulting in death

MALPRACTICE

If a doctor or other healthcare provider fails to meet the standard of care, and death occurs, you may have a case. Some examples include:

  • Failure to diagnose cancer
  • Misdiagnosis of illness
  • Emergency room errors
  • Surgical errors
  • Failing to properly treat an illness or condition
  • Prescribing the wrong medication
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When Should You Talk to a Wrongful Death Lawyer?

It is crucial to speak to a wrongful death attorney immediately before taking action on your own, regardless of the cause of your loved one's death. Settling with an insurance company without considering all aspects of the situation may result in an inadequate and unjust settlement amount.

Additionally, a lawyer can help you consider all aspects of the case that you might be missing in your grief. Wrongful death cases are emotionally charged, and it is best to wait before making major decisions. Consulting a lawyer during the grieving process can help you get the best outcome in your wrongful death case. Any form of settlement, release signing, or agreement with an insurance company or their lawyers should be avoided until you speak with a wrongful death attorney first.

If you are ready to speak to a wrongful death attorney or think you might have a wrongful death case and want to talk about it, contact us today.

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Who Can Sue for Wrongful Death?

The eligibility to file wrongful death claims in Pennsylvania is governed by Title 42, Chapter 83 of the Pennsylvania General Statutes, Section 8301. According to this law, the sole right to file a lawsuit lies with the personal representative of the deceased's estate. However, the beneficiaries are the actual recipients of the settlement or award. If the personal representative fails to file a wrongful death claim within six months, any of the other beneficiaries may file on behalf of all beneficiaries. All resulting proceeds are then divided among said beneficiaries.

To succeed in a wrongful death lawsuit in Pennsylvania, the representative proves that the death occurred due to another person or entity's negligence, recklessness, or intentional act. The claimants may be able to recover damages for medical expenses, funeral expenses, loss of financial support, loss of companionship, and other losses resulting from the death. It is important to note that the statute of limitations for filing a wrongful death claim in Pennsylvania is generally two years from the deceased person's death date.

Understanding Pennsylvania's Wrongful Death Laws

Understanding the wrongful death laws in PA is crucial for those who have lost a loved one due to negligence or intentional harm. Pennsylvania law permits family members or beneficiaries to bring forth a wrongful death claim to seek compensation for damages, including lost wages, medical expenses, funeral costs, and emotional distress.

A knowledgeable wrongful death lawyer is essential if you want to make a wrongful death claim. A skilled wrongful death attorney can assist you in navigating the legal process, calculating damages, gathering evidence, negotiating with insurance companies, and representing you in court if necessary. They can ensure your rights are protected and you receive the compensation you deserve for your loss. Wrongful death laws can be complicated, but with the assistance of a knowledgeable and experienced attorney, you can find your way through the legal system and seek the justice you and your family deserve.

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Find Additional Information on Our Blog

We offer additional resources on our blog if you need more information from a wrongful death attorney. We cover various topics to help you understand all types of personal injury claims and how we can help you.

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