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Who Is Liable to File a Wrongful Death Claim in Philadelphia?
Wrongful death claims are often highly sensitive and governed by confusing laws. Despite the complexity, you need to request compensation for the wrongful death of a loved one. Unfortunately, not everyone is eligible to claim compensation for wrongful death in Philadelphia. Our personal injury lawyers highlight that you can bring such a claim if you are one of the following:
- A spouse to the deceased, representing the interests of the minor children shared between you. You will be entitled to receive at least a third of the settlement money
- The deceased’s surviving parents if there is no surviving spouse or children
- A representative from the deceased’s estate if there are no surviving parents
Sadly, you can’t file a claim if you don’t fall into any of these categories, whether you’re a sibling or close relative. If you’re a representative filing a claim, ensure you transfer any damages you recover to the deceased’s person next of kin or beneficiaries named in the estate. Skilled wrongful death attorneys can guide you through the steps of filing the claim.
Determine the Statute of Limitations
Before filing a wrongful death claim, you must check how much time you have left before the deadline. Missing the deadline diminishes the chances of obtaining the compensation you deserve, as the court will likely dismiss your claim.
In Pennsylvania, the deadline for filing a wrongful death claim is two years from the date of the deceased’s death. However, the period can be shorter or longer depending on specific circumstances.
For example, if the claim is against a government entity, the deadline can be as short as six months. Working with experienced wrongful death lawyers can improve your chances of filing the claim within the required timeframe.
Open an Investigation into the Death of Your Loved One
You can’t successfully obtain compensation in a wrongful death claim if you can’t prove your case. So, you need the help of established wrongful death lawyers to investigate the death of your loved one and establish what happened.
For example, your loved one could have died due to medical negligence. In that case, your attorneys can examine medical records and engage medical experts to determine if the negligent doctor who caused your loved one’s death followed the acceptable medical standard of care. The findings of the investigation are crucial in proving why your wrongful death claim is valid.
Determine Potential Liability
The involvement of personal injury lawyers extends beyond investigating the death of your loved one. Depending on the case specifics, the information they collect can help determine the liable party. If they establish your loved one died due to medical malpractice, they can hold the doctor who treated your loved one liable.
Other parties who could be liable in a wrongful death claim are:
- A negligent or reckless driver who caused an accident in which your loved one lost their life
- The manufacturer of a faulty product that caused your loved one’s death
- The government or its entity for not properly maintaining a public road or sidewalk where your loved one got injured and died
Gather the Necessary Evidence
Your wrongful death claim will only be as good as the evidence you present. It’s crucial to keep track of all the events surrounding your loved one’s accident up until their death. Your team of legal experts will help you gather essential evidence such as the following:
- Police reports
- Witness testimonies
- All medical, emergency treatment, and hospital bills
- Healthcare services expenses
- Medication costs
- Opinion from expert witnesses
- Evidence of the deceased’s earnings
- Costs of medical equipment and devices
- Personal journals detailing the deceased’s pain and suffering after the accident
Calculate the Damages
Based on the evidence you’ve collected, your Philadelphia wrongful death attorneys will help you calculate how much your claim is worth. The damages can be both economic and non-economic, including:
- Medical expenses
- Prescription costs
- Lost anticipated income of the deceased and the loss of any inheritance resulting from the death
- Loss of the value of the services the deceased would have provided
- Funeral expenses
- Loss of companionship, emotional support, and physical affection
- Pain and suffering emanating from the loss of your loved one
File the Claim
Once you establish how much you should obtain in compensation for your loved one’s wrongful death, your legal experts will send a demand letter to the liable party’s insurance company. Skilled lawyers will demand the highest settlement based on the defendant’s coverage.
However, the insurance company will likely disagree with the requested amount and offer a lower settlement. It can be a long time before you reach a reasonable agreement. If the negotiations are unfruitful, your Philadelphia wrongful death lawyers can file a formal complaint in court to begin legal proceedings, in which the court will decide how much you’ll recover in compensation.
Obtain Compensation for the Wrongful Death of a Loved One with the Help of a Skilled Personal Injury Lawyer
Losing a loved one in a wrongful death can be stressful, and no amount of money can heal the emotional scar they leave behind. Pursuing compensation may not make everything right, but it can go a long way to ease the financial burden you incurred due to the loss of your loved one. Skilled personal injury lawyers can help you pursue the compensation you deserve.
Lassiter & Associates has dedicated wrongful death attorneys who can investigate your case. We can help you determine eligibility to file a wrongful death claim, investigate the case, gather the necessary evidence, calculate your case’s worth, and help you file it within the statute of limitations. Call us at 267-682-8918 to schedule a free consultation.
