There is nothing worse than to lose a loved one through the inactions or actions of another person. It does not matter to you if it was an accident or a vengeful act. There is simply no way to have adequate compensation for a life lost. Yet, there are steps you can take to protect yourself and to get help for the losses you’ve suffered. Our wrongful death attorneys in Chester County and Delaware County, PA are available to discuss your needs with you today. Let us defend your loved one’s life.
Wrongful death cases in Pennsylvania involve legal claims brought by the surviving family members or beneficiaries of a deceased individual who died as a result of someone else’s negligence, recklessness, or intentional act. Here’s what you need to know about wrongful death in Pennsylvania and how an attorney can help:
Legal Basis
Pennsylvania law allows certain family members or beneficiaries to bring a wrongful death claim when a loved one’s death is caused by another party’s wrongful conduct, such as negligence in a car accident, medical malpractice, defective products, or intentional harm.
Who Can File
In Pennsylvania, the personal representative of the deceased person’s estate typically files a wrongful death lawsuit on behalf of the surviving family members, including the deceased person’s spouse, children, and parents. If there is no personal representative, other family members may have the right to file the claim.
Damages Available
Damages in a Pennsylvania wrongful death case may include compensation for funeral and burial expenses, medical bills related to the final injury or illness, lost income and financial support, loss of companionship, and pain and suffering endured by the deceased person prior to death.
Statute of Limitations
Pennsylvania has a statute of limitations for filing a wrongful death claim, typically two years from the date of the deceased person’s death. It’s crucial to act promptly and consult with an attorney to ensure your claim is filed within the applicable time frame.
Burden of Proof
In a wrongful death lawsuit, the burden of proof rests with the plaintiff (the party bringing the claim) to establish that the defendant’s actions or negligence directly caused the death of their loved one. This often requires gathering evidence, such as medical records, witness testimony, expert opinions, and documentation of the deceased person’s losses and expenses.
Legal Representation
An experienced wrongful death attorney at the Law Firm of Vincent Caputo can provide invaluable assistance throughout the legal process. They can investigate the circumstances surrounding the death, identify liable parties, handle communication with insurance companies and defense attorneys, negotiate settlements, and, if necessary, advocate for your rights in court.
Compassionate Support
Dealing with the loss of a loved one is incredibly difficult, and navigating the legal complexities of a wrongful death case can be overwhelming. A compassionate attorney can provide guidance, support, and reassurance during this challenging time, allowing you to focus on grieving and healing while they handle the legal aspects of your case.
If you believe you have grounds for a wrongful death claim in Pennsylvania, it’s essential to seek legal guidance from our experienced attorneys as soon as possible. They can assess the merits of your case, explain your rights and options, and help you pursue the justice and compensation your loved one deserves.