It is a devastating time in an individual’s life to lose a family member, especially if it is due to the negligence of another party. When this happens, it is known as wrongful death. Families in these situations often want to seek justice for their loved one who died in the incident. This can be accomplished by filing a wrongful death claim. Through this, compensation may be awarded for the life that was taken. It is important to retain the services of an experienced attorney during this time to help navigate the case.
What is Wrongful Death?
The state of Pennsylvania defines wrongful death as the “death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” This may be due to a person’s negligence, carelessness, or poor behavior. Wrongful deaths can be seen in situations such as automobile accidents, product malfunctions, medical malpractice, and more. Families who lose a loved one in these accidents often struggle not only with the loss of a life, but the loss of an income. It is because of this that they usually want to pursue a lawsuit for justice.
Who Can File a Wrongful Death Claim?
In situations of wrongful deaths, it is important for the family to consider their legal options. This includes knowing if you are entitled to filing a claim. In the state of Pennsylvania, the only person who can file on behalf of the beneficiaries is the personal representative of the deceased’s estate. The claim must be filed within 6 months of the date of the death. If the personal representative fails to file the case within this time period, any beneficiary is able to file a claim. The statute of limitations on doing so is 2 years from the date of the death.
There are many financial implications that come with losing a loved one. This is especially so if the individual was a significant source of income for the family. In addition to a loss of income, there are many expenses that stem from taking care of a wrongful death. It is because of this that you may be entitled to compensation in the event of a successful wrongful death case. Some compensation that may be awarded in the state of Pennsylvania is as follows:
- Medical bills, funeral costs, and other financial burdens
- The loss of income
- The loss of a relationship and companionship
- The loss of parental guidance and support for children
- Emotional distress
- Pain and suffering
Contact our Firm
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.