Friedman, Schuman, Applebaum and Nemeroff, P.C.Attorneys at Law • A Professional Corporation
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Wrongful Death Claims

The days and weeks following the loss of a loved one due to an accident can be very difficult emotionally. A family has to cope with not only the emotional effect of the loss, but also with the financial impact of the loss in the months and years to come. After the grieving subsides, there may be bills to pay and documents to review in attending to the unsettled affairs of the decedent. There may be legal action to consider due to the accidental death. Hopefully, you never find yourself having to cope with such a loss; however, when the unexpected happens, it is critical to have someone on your side who knows your rights, and will be with you every step of the way.

The Wrongful Death Act provides a means by which a spouse, child or parent can seek compensation for the death of a loved one, where death was caused by the negligence of a third party. It is a cause of action available only to a spouse, parent or child for primarily economic losses sustained by virtue of the family member's death. Legal action may be taken under the Wrongful Death Act if no action for damages was brought by the injured individual during his or her lifetime. The compensation for damages is paid directly to the surviving spouse, parent or child.

The damages available under the Survival Act are payable to the decedent's estate and, ultimately, distributed according to the terms of the decedent's will or, in the absence of a will, under the PA Intestate Law. The Estate is compensated primarily for the decedent's conscious pain and suffering and economic losses incurred from the date of the accident until the date of death.

It is important that your attorney is completely familiar with the rights, requirements and advantages under both the Wrongful Death and Survival Acts so that your family's legal rights are fully protected. At Friedman Schuman, we have a team of experienced litigators who have successfully represented families in wrongful death lawsuits for many years throughout Pennsylvania. While monetary compensation can never replace the tragic loss of a loved one from an accident, we try to do our part in easing your burden.

And if you want to learn more about these situations, here are the wrongful death laws for Pennsylvania.

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