When someone dies as the direct result of someone else’s actions or inactions, the decedent’s survivors may have a wrongful death cause of action.
Wrongful death lawsuits may happen in several different types of situations, including auto accidents, medical negligence or malpractice, the distribution of defective products, and construction accidents.
Below are frequent questions we get wrongful death lawsuits in Philadelphia. If any of these situations sound familiar, you should speak with us.
What Qualifies As A Wrongful Death Case In Philadelphia?
In Philadelphia, if someone dies as the direct result of someone else’s negligent or reckless actions, the law permits a lawsuit on behalf of the deceased person.
Anyone appointed as the Administrator or Executor of the estate of the deceased may file a lawsuit on their behalf. Usually, estate administrators or executors are loved ones or family members of the deceased.
How Much Is A Typical Wrongful Death Settlement Or Verdict?
While no amount of money could ever make up for the loss of your beloved family member, the law does permit you to recover compensation for your loss.
As to how much money you would receive, the answer is: it depends.
Many factors go into a wrongful death verdict or settlement amount. These include:
- The age of the decedent at the time of death
- The amount and depth of the suffering of the decedent before death
- Whether the decedent was working and earning wages up until their death
- The household contributions the decedent made while living
- The childcare services the decedent made while living
- The surviving family members of the decedent and whether any were dependents of the decedent
- The egregiousness or recklessness of the negligent conduct
- Whether the conduct of the defendant was ill-willed or malicious in nature
Who Can File A Wrongful Death Lawsuit In Philadelphia?
Usually, a family member of the decedent files a wrongful death lawsuit in Philadelphia. This list includes siblings, children, parents, grandparents, spouses, and domestic partners.
However, many people die without family or have a last will and testament appointing a non-family member as the executor of their estate. Under these circumstances, a non-family member can file a wrongful death lawsuit.
How Long Do I Have To File A Wrongful Death Lawsuit In Philadelphia?
Philadelphia law allows you two years after the official death date to file a wrongful death lawsuit. This restriction is typically referred to as the statute of limitations.
Anyone who dies as the direct result of others’ actions or inactions is eligible for a wrongful death lawsuit. Still, your attorneys will need ample time to investigate the circumstances surrounding your loved one’s death. Thus, in order to comply with the Philadelphia wrongful death statute of limitations, you should contact an attorney as soon as possible after your loved one dies.
Wrongful death attorneys understand the immense grief associated with wrongful death lawsuits, and will do everything in their power to work with you and ease your burdens during the stressful time after your loved one’s death.
If you believe your loved one has died as the direct result of someone else’s actions, contact VSCP Law at vscplaw.com. We are here to help with wrongful death suits, medical malpractice, and much more.
