Philadelphia Wrongful Death Lawyer
Losing a loved one is always incredibly difficult. When that death is unexpected and sudden, especially when the deceased is young, it can be even tougher. The death of a family member comes with not only emotional trauma, but often financial upheaval and insecurity as well. If your hardship is caused by the negligence or recklessness of another person or company in Philadelphia, you need a dedicated and compassionate wrongful death attorney on your side to make sure that the responsible parties are held accountable for their actions.
Benedum Law is ready to come to your aid and take on the responsible parties, negotiating for the best settlement or fighting it out in court where necessary. Our wrongful death attorney is experienced in building the strongest case available from day one, collecting and preserving the necessary evidence so that you can focus on mourning your loved one. We know how to negotiate with and litigate against individuals as well as insurance companies and other entities. Contact a skilled personal injury attorney at Benedum Law today for a free consultation. You deserve the maximum damages available to compensate you for the loss of your loved one.
How Wrongful Death Lawsuits Work in Pennsylvania
When a person dies as the result of someone else’s negligence, Pennsylvania law allows the close family members of the deceased to bring a claim for wrongful death. The beneficiaries of the decedent’s will are also able to bring a “survival” claim on behalf of the decedent, seeking recovery for the victim’s pain and suffering before death.
Wrongful death and survival lawsuits are proven just like any other personal injury lawsuit, whether it be from a car accident, medical malpractice, defective product, or intentional misconduct like assault: The survivors show that the negligence, recklessness, or other misconduct of the defendant led to the deceased’s fatal injury. Proving a wrongful death claim can be more difficult than proving another personal injury lawsuit, however, since the deceased may not have been able to describe what happened before passing. An experienced wrongful death lawyer will know the proper steps to take in gathering the evidence and building a strong case proving the at-fault party’s negligence and responsibility for causing the death.
Damages in a Wrongful Death Lawsuit
Wrongful death damages can be trickier to prove than other personal injury damages. The types of damages available depend on the type of claim brought: Wrongful Death Claim vs. Survival Claim. A seasoned Philadelphia wrongful death attorney can explain both options and help you determine which claim is best for you, or if both are available.
A wrongful death claim involves bringing a claim on behalf of the close family members of a deceased victim, such as their spouse, children, and parents. The family members are bringing a claim on behalf of themselves for damages they sustained as a result of the death in the family. These damages include things like medical expenses, lost wages that would have been contributed to the family by the deceased, funeral expenses, loss of companionship that the spouse and children of the deceased would have received, and emotional distress. The family may also be able to claim punitive damages if the defendant’s conduct was especially reckless or intentional.
A survival claim, on the other hand, is brought by the estate of the decedent in place of the deceased person. The estate can recover damages for the pain and suffering experienced by the deceased before they passed, as well as the lost wages that would have been available over the decedent’s life span.
An experienced Philadelphia wrongful death lawyer can help you review all available legal actions to determine which claims are available for you and your family and which will provide you the strongest case with the maximum available recovery.
Who Can File a Wrongful Death Lawsuit?
A personal representative of the decedent’s estate must file the Philadelphia wrongful death lawsuit. The decedent’s will should generally identify the appropriate representative, and if there is no will or no one identified, one may be appointed by the court. The wrongful death case is filed on behalf of the beneficiaries of the victim’s estate; Pennsylvania law limits the available plaintiffs to the parents, spouse, and children of the deceased. A knowledgeable Philadelphia wrongful death lawyer can ensure that the right parties are bringing the right lawsuit under Pennsylvania law so that the defendant and/or insurance companies cannot get out of paying your family what they owe based on some legal technicality.
Contact Benedum Law After A Wrongful Death
For passionate, dedicated, and effective representation in Philadelphia wrongful death cases, call the Chestnut Hill law office of Benedum Law at 215-529-7848 for a free consultation with an aggressive and successful Pennsylvania personal injury attorney.