Why you may need a Wrongful Death Lawyer
When a death is caused by the negligence or intentional act of another person, it is considered a wrongful death. If you have lost a loved one in such a circumstance, you may have the right to file a wrongful death claim. A wrongful death lawyer can help you navigate this process and fight for the compensation you and your family deserve.
According to the Centers for Disease Control and Prevention (CDC), in 2020, 200,955 deaths occurred due to unintentional injuries, 42,114 deaths happened due to unintentional falls, 40,698 deaths occurred due to motor vehicle accidents, and nearly 87,000 people were killed due to unintentional poisoning.
Our experienced wrongful death attorneys at The Law Offices of Samuel Fishman have extensive experience handling these types of cases. We understand the devastating impact that the death of a loved one can have on a family, and we will fight tirelessly to get you the justice you deserve.
If you have lost a loved one due to the negligence or intentional act of another, contact us today at (215) 464-4600 to schedule a free case consultation. We will review your case and help you understand your legal options.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that is filed by the surviving family members of someone who has died due to the negligence or intentional act of another person. The purpose of this type of lawsuit is to seek compensation for the economic and non-economic damages that have been incurred as a result of the death.
In order to file a wrongful death claim, certain criteria must be met. First, there must have been a death as a result of the negligence or intentional act of another. Second, the surviving family members must have suffered economic and/or non-economic damages as a result of the death. And finally, there must be someone who is legally able to file the claim on behalf of the deceased person’s estate.
Who Can File a Wrongful Death Claim in Philadelphia?
In most cases, the personal representative of the deceased person’s estate will file the wrongful death claim. This could be the executor of the estate, the administrator, or someone who has been appointed by the court. In some cases, a surviving family member may file the claim if there is no personal representative.
As per Pennsylvania law, a surviving spouse is the first person who has the right to file a wrongful death claim. If there is no surviving spouse, then the claim may be filed by the deceased person’s children. If there are no surviving spouse or children, then the claim may be filed by the parents of the deceased person. In some cases, a claim may be filed by other family members who were dependent on the deceased person for economic support.
Common types of Wrongful Death cases in Philadelphia
There are many different circumstances that can give rise to a wrongful death claim. Some common examples include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bus accidents
- Bicycle accidents
- Defective products
- Medical malpractice
- Nursing home abuse or neglect
- Workplace accidents
- Slip and fall accidents
- Construction accidents
These accidents often happen due to the negligence or intentional act of another person. For example, a car accident may be caused by a drunk driver or a distracted driver. A defective product may be the result of a manufacturing error or design flaw. And a slip and fall accident may be caused by negligent property maintenance.
There are many examples here in Philadelphia where a person has died due to the negligence of another. The following are some notable cases:
Mesothelioma: Many people who have been exposed to asbestos in Philadelphia, particularly, have died as a result of mesothelioma. It is a cancer caused by exposure to asbestos. In Philadelphia, several industries use this dangerous asbestos on their employees. It can take many years for the symptoms of mesothelioma to show up, which is why most cases go undetected until after the individual has died.
Our Philadelphia Mesothelioma lawyers have helped many people suffering from this type of cancer. Filing a lawsuit may be daunting. However, our Philadelphia mesothelioma lawyers have made the process simple with a free consultation.
Gas Explosion: Natural gas explosions occur frequently in Philadelphia, resulting in third-degree burns, personal injuries, and even wrongful death. In such cases, the family of the deceased can file a wrongful death lawsuit and seek financial compensation for their losses. Our Philadelphia attorneys handle natural gas explosions, propane explosions, and accidents caused by fallen PECO power lines and other utility company accidents.
Baby Powder Cancer: Our Philadelphia wrongful death lawyers have represented injured victims in baby powder cancer cases. Some brands of baby powder have been linked to ovarian cancer. If you have used this product for an extended period of time, you may be at risk. This cancer can lead to wrongful death. If your loved one has been diagnosed and died from ovarian cancer due to certain products, you may be entitled to compensation.
Construction Site Accidents: Philadelphia construction site accidents are quite common and can cause wrongful deaths. It’s a hazardous area with several potential causes of an accident. Workers may be knocked unconscious or die from blunt-force trauma, as well as being crushed by falling bricks or electrocuted by exposed wires. Collapse of a building, electrocution, carbon monoxide poisoning, and other hazardous situations at the construction site can all result in fatal accidents.
Workers who are killed on the job site due to negligence may have their families file a wrongful death lawsuit. Our Philadelphia Construction accidents wrongful death lawyers have represented many families in such cases.
Birth Injury Deaths: The life of a newborn can be drastically altered by severe birth injuries, which may result in lifelong disability. It could also cause the wrongful death of the child. Philadelphia birth injury lawyers have represented many families who have lost a child due to a preventable birth injury. Our Philadelphia Birth Injury Lawyers have successfully represented many clients in such cases.
No matter what the cause, if you have lost a loved one due to the negligence or intentional act of another, you may be entitled to compensation.
How Long Do I Have to File a Wrongful Death Claim in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a wrongful death claim is 2 years from the date of death (42 Pa.C.S. § 5524(2)). This means that if you do not file your claim within two years, you will be barred from doing so.
The Wrongful Death Statute of Limitations in Philadelphia can be complex. It is important to speak with an experienced wrongful death lawyer as soon as possible to ensure that your claim is filed in a timely manner.
What Damages Can Be Recovered in Wrongful Death Claims?
There are two types of damages that can be recovered in a wrongful death lawsuit: economic and non-economic.
Economic damages are those that have a specific monetary value, such as medical expenses, funeral and burial costs, lost wages, and loss of future earnings. Non-economic damages are those that do not have a specific monetary value, such as pain and suffering, emotional distress, loss of companionship, and loss of consortium.
In some cases, punitive damages may also be awarded. These are designed to punish the negligent party and deter others from engaging in similar conduct.
There are two potential claims in a wrongful death case: a wrongful death claim and a survival claim. According to the Pennsylvania Wrongful Death Act, the personal representative of the deceased person’s estate may bring a claim for the benefit of the surviving spouse, children, and/or parents. The purpose of this claim is to recover the damages that have been incurred as a result of the death.
A survival claim, on the other hand, is brought by the personal representative of the deceased person’s estate for the benefit of the estate according to the Pennsylvania Survival Act. The purpose of this claim is to recover damages that the deceased person incurred between the time of injury and the time of death. These damages may include medical expenses, pain and suffering, and lost wages.
If you are unsure which type of claim is right for your situation, an experienced Philadelphia Personal Injury Lawyer can help you determine the best course of action.
How Can a Philadelphia Wrongful Death Lawyer Help?
An experienced Philadelphia attorney can help you navigate the complex legal process and ensure that your rights are protected. They have the knowledge and resources to investigate the accident, gather evidence, and build a strong case on your behalf.
A lawyer can also help you negotiate with the insurance company and, if necessary, take your case to trial. A lawyer can represent you in court, present your case to a judge or jury, and fight for the compensation you deserve. It is important to have an experienced advocate on your side who is not afraid to negotiate for the financial compensation you deserve.
Most importantly, an attorney can provide you with the support and guidance you need during this difficult time.
Why Choose The Law Offices of Samuel Fishman?
The Law Offices of Samuel Fishman has been representing over 20,000 clients in Pennsylvania for over 25 years. We can communicate fluently in Hebrew and English. We believe that each client should be respected, heard and understood.
We understand the physical, emotional, and financial toll that an accident can take on a family. We will work tirelessly to get you the compensation you need and deserve.
Our experienced lawyers have been a part of the Trial Lawyers Association since 1996. We have a proven track record of success in handling personal injury and wrongful death cases.
We invite you to take a look at our Google Reviews and our website to see what our past clients have to say about us.
We understand the challenges you are facing and we are here to help. We have already helped thousands of people seek compensation for their losses in Philadelphia. We will fight for the justice you deserve and the compensation you need to move forward with your life.