Losing a loved one due to someone else’s negligence or misconduct can be both emotionally and financially devastating. It’s important for anyone in this circumstance to understand their legal options after the wrongful death. A medical malpractice attorney in Philadelphia can help. Here’s what you need to know.
What is a Wrongful Death Claim?
A wrongful death claim is a type of lawsuit that arises when someone dies as the result of the negligence, recklessness, or intentional actions of another person or entity. Common causes of wrongful death claims include:
- Car accidents
- Medical malpractice
- Workplace accidents
- Defective products
In Pennsylvania, the law allows the deceased person’s surviving family members to seek compensation for their loss. The purpose of these claims is to provide financial support to the survivors and hold the responsible parties accountable.
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
In Pennsylvania, the law is very specific about who can bring a wrongful death claim. The suit must be filed by the personal representative (or executor) of the deceased person’s estate. This individual is typically named in the deceased’s will, or if there is no will, the court may appoint someone to act as the estate’s personal representative.
The most common plaintiffs in wrongful death cases are immediate family members, such as the deceased individual’s spouse, children (including stepchildren and adopted children), and parents. These individuals have the clearest right to bring a wrongful death claim because they are usually the persons most affected by the death of their loved one.
In some cases, extended family members, such as siblings or grandparents, may be able to file a wrongful death lawsuit. However, this is usually only allowed if no immediate family members or other legal representatives are available to file the claim.
Types of Compensation Available
Some of the types of damages that may be recovered include:
-Medical and Funeral Expenses: Reimbursement for any medical bills and funeral or burial costs related to the deceased’s passing.
-Lost Income and Benefits: Compensation for the loss of the deceased’s future earnings and benefits that would have provided financial support to the family.
-Loss of Companionship and Support: Financial recognition for the loss of care, guidance, and companionship that the deceased would have provided.
-Pain and Suffering: Damages for the emotional distress of the survivors as a result of the death.
-Punitive Damages: In cases where the defendant’s actions were particularly reckless or intentional, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
Your Philadelphia medical malpractice lawyer will ensure that your Complaint includes all possible claims for compensation.
The Importance of Timing
It’s important to act quickly if you are considering filing a wrongful death lawsuit. In Pennsylvania, there is a two-year statute of limitations for wrongful death claims. This means you have two years from the date of your loved one’s death to file a lawsuit. Failing to file within this time frame will likely prevent you from pursuing compensation, regardless of the merits of the case. So, it’s crucial that you contact a medical malpractice lawyer in Philadelphia as soon as you can.
No amount of money can ever make up for the loss of a loved one. However, pursuing a wrongful death claim can provide financial relief and a sense of justice. If you believe that your loved one’s death was the result of someone else’s negligence, talk to the wrongful death attorneys at VSCP Law.
