After a loved one dies due to another party’s wrongdoing, the families that are left behind can struggle in the aftermath. On top of trying to cope with grief, you may also be dealing with the loss of income and wondering how to make ends meet.
Philadelphia Injury Lawyers P.C. has represented the families of the deceased victims of accidents that were caused by someone else’s negligence, and we understand what you are facing. We will do everything within our legal power to get the maximum compensation for the surviving family members.
Our Philadelphia wrongful death attorneys are dedicated to seeking justice and assisting grieving families in recovering financially and from the emotional anguish resulting from the unexpected loss of a loved one. Call our team 24/7 or complete our online contact form to speak to our team about your case.
Who Can Make A Wrongful Death Claim?
The right to bring this claim as well as the claim for injuries sustained by a deceased person prior to their death may be brought only by the following exclusive classes of beneficiary (including by adoption):
- The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
- The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving. However, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.
- The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
- The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
- The deceased’s succession representative in the absence of any of the above class of beneficiary.
If your family members have suffered due to the wrongful death of loved one, the attorneys at Philadelphia Injury Lawyers recognize the emotional trauma involved in a wrongful death claim. We provide assistance to families suffering from the wrongful death of a loved one with practical and legal information regarding the various aspects of personal injury law and the handling of a wrongful death claim.
Common Reasons People File Wrongful Death Claims in Philadelphia
As personal injury lawyers in Philadelphia, we have seen many types of accidents result in fatalities that led to wrongful death lawsuits. These are some of the most common types of claims:
- Motorcycle accidents: Often, fatal motorcycle wrecks are caused by careless drivers who do not notice motorcycle riders or respect their right to share the road.
- Truck accidents: Fatal truck collisions can be caused by negligent truck drivers or trucking companies that don’t follow trucking regulations.
- Construction accidents: Fatal construction site accidents are far too common, and they often happen when construction companies fail to comply with safety regulations.
- Traumatic brain injuries: TBIs are often fatal. If your loved one died as a result of a TBI that happened during a preventable wreck, you may be able to file a claim.
- Burn injuries: Some fatal burn injuries involve victims who develop infection and succumb to sepsis.
- Animal attacks: Those who lose a loved one to fatal dog attacks can pursue compensation from the dog owner.
- Birth injuries: Grieving parents deserve compensation when fatal injuries before, during, or immediately after birth rob them of a precious child who should have lived.
Any type of accident or incident that leads to a preventable death can potentially form the basis of a civil claim in Pennsylvania. Reach out to the team at Philadelphia Injury Lawyers P.C. to tell us more about the details of your loved one’s death so we can help you take legal action.
Pennsylvania’s Wrongful Death Act Explained
Pennsylvania’s Wrongful Death Act allows the personal representative of a deceased person’s estate to bring a legal claim on behalf of the deceased’s beneficiaries when the death was caused by the wrongful act, neglect, or negligence of another party. The act defines the deadline to file and other aspects of wrongful death claims in the state.
The purpose of the Act is to provide compensation to the deceased’s family members for the losses they have suffered as a result of the untimely death. Under this law, the spouse, minor children, and dependent adult children have the right to compensation from any parties who are held liable in the incident that caused the wrongful death.
Pennsylvania’s Survival Act
It is important to note that Pennsylvania also has a separate Survival Act, which allows the personal representative to bring a claim on behalf of the deceased’s estate for damages the deceased could have recovered had they survived, such as pain and suffering.
A Philadelphia wrongful death attorney can help families understand their rights under both the Wrongful Death Act and the Survival Act and pursue the compensation they deserve for their losses. We will explain the state laws as they apply to your claim and answer any questions you have.
What Damages Can You Claim in a Wrongful Death Lawsuit?
Which damages you will be able to claim in a wrongful death lawsuit in Philadelphia will depend on the specifics of your claim. Depending on the specific circumstances surrounding your loved one’s accident and passing, you may have the opportunity to seek compensation for:
- Expenses covering funeral and burial
- Loss of consortium
- Loss of future income
- Loss of wages
- Medical expenses
- Mental suffering of family members left behind
- Pain and suffering brought by the loss of a loved one
To learn more about the damages that apply to your claim, reach out to our Philadelphia wrongful death attorneys through our online contact form to get your free consultation.
When Should You File a Wrongful Death Claim in Philadelphia?
The time limit when filing a wrongful death lawsuit varies from one state to another, and the laws governing it are called the “statute of limitations.” This law is set at the state level, so the time limit is different depending on where the fatal accident happened. In Pennsylvania, the statute of limitations for wrongful death lawsuits is two years from the date of your loved one’s death. If you fail to file your lawsuit before the deadline, the court may bar you from seeking compensation.
There are specific, restricted exceptions to the statute of limitations in Pennsylvania. Ask your Philadelphia wrongful death attorney if any exceptions apply to your case.
What Happens When a Loved One Has Been Killed Due to a Workplace Accident in Philadelphia?
If your loved one has been killed due to a workplace accident in Philadelphia, you may be entitled to certain rights and benefits under the Pennsylvania workers’ compensation system. The workers’ compensation system offers death benefits to the dependents of employees who have passed away due to work-related injuries or illnesses.
Rights of survivors in the Pennsylvania workers’ compensation system include:
- Eligibility for death benefits: The deceased worker’s spouse, children, and other dependents may be eligible for death benefits under the workers’ compensation system. In some cases, parents or siblings who were dependent on the deceased worker may also qualify.
- Funeral expenses: The workers’ compensation insurance carrier is required to pay up to $3,000 for funeral expenses.
- Weekly compensation: Surviving dependents may be entitled to receive weekly compensation benefits based on a percentage of the deceased worker’s average weekly wage. The amount and duration of these benefits depend on factors such as the survivor’s relationship to the deceased.
- Lump-sum payment: In some cases, survivors may be eligible for a lump-sum payment instead of ongoing weekly benefits. This option may be available when the deceased worker had no surviving dependents or when the surviving dependents agree to a lump-sum settlement.
- Medical expenses: The workers’ compensation insurance carrier is responsible for covering all medical expenses related to the deceased worker’s work-related injury or illness, up until the time of death.
In some cases, the family of a deceased worker may pursue a wrongful death lawsuit as well as workers’ compensation benefits. Navigating the workers’ compensation system and pursuing a claim for death benefits can be complex and emotionally challenging. Consulting with an experienced Philadelphia workers’ compensation attorney can help survivors understand their rights, gather the necessary evidence, and fight for the full benefits they deserve during this difficult time.
Why Hire a Philadelphia Wrongful Death Lawyer
When facing the tragic loss of a loved one, it’s crucial to have a knowledgeable and compassionate legal advocate on your side. Personal injury attorneys familiar with workers’ compensation and wrongful death cases have the necessary experience to help clients navigate the complex legal system. They can provide invaluable guidance on your rights to compensation and explain the various legal options available to you.
Without the assistance of a wrongful death lawyer, you may face several risks and potential pitfalls that could jeopardize your claim and result in lost compensation
Talk to Our Compassionate Philadelphia Wrongful Death Lawyers
If you lost a loved one due to a preventable accident, medical malpractice, or a deliberate act like road rage or another violent crime, contact a Philadelphia wrongful death lawyer. The team at Philadelphia Injury Lawyers P.C. is here to guide you through this devastating time. We will provide the legal guidance you need to move beyond this tragedy and into a brighter future.
When you’re dealing with grief, you may feel hesitant about reaching out to a wrongful death law firm because you are already overwhelmed. We are here to take the pressure off of you. Call us or contact us online to learn more about your family’s rights to compensation in Pennsylvania.
