As you know, for a good part of 2020, many of us stayed indoors in an effort to slow the spread of the COVID-19 pandemic. While you would think less traffic on the roads would mean fewer accidents, unfortunately, the opposite was true. In fact, auto accident fatalities were up 8% from 2019. In 2020, there were over 42,000 auto accident fatalities, and in 2019, there were roughly 39,000. These numbers are shocking, though one can infer that despite fewer motorists on the road, there was a sharp incline in the number of people who were taking risks such as speeding, texting while driving, driving while under the influence, and more. If you were injured in an auto accident or your loved one lost his or her life in an auto accident, our Pennsylvania personal injury attorneys are here to help. Please continue reading to learn more.
Who may file a wrongful death claim in Pennsylvania?
You should first understand that here in Pennsylvania, not everyone is eligible to file a wrongful death claim on behalf of their loved one. In fact, the personal representative of the decedent’s estate is the only person who may file a wrongful death claim within the first six months of the individual passing away. That being said, if the personal representative does not file a claim within six months, any beneficiary of the estate may bring a wrongful death claim against the negligent party.
What damages are recoverable in a wrongful death claim?
When someone successfully files a wrongful death claim, they may recover compensation for two types of damages: economic damages and non-economic damage. Essentially, economic damages can cover the cost of the medical care your loved one received before passing away, the cost of funeral expenses, loss of income that your family relied on, and more. You may also recover compensation for the loss of companionship your loved one provided, emotional distress, and more, in economic damages.
How long will I have to file a wrongful death claim in Pennsylvania?
The statute of limitations for all personal injury claims in Pennsylvania is two years, and the same is true for claims involving wrongful death. You must file your wrongful death claim within two years of the decedent’s passing, and if you wait any longer than two years, there is a very good chance that you will be permanently barred from suing. We are ready to assist you today. All you have to do is give us a call.
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Friedman Schuman is an experienced and dedicated legal resource for clients throughout Pennsylvania. We proudly serve clients facing a wide range of legal matters. If you require the services of an effective attorney, please contact Friedman Schuman today to schedule a consultation.