Understanding Wrongful Death Claims
A wrongful death claim is a legal way to seek justice and compensation when someone’s death occurs because of another person’s or entity’s actions. These actions could involve negligence, recklessness, or even intentional harm. For instance, car accidents, medical malpractice, or workplace incidents can sometimes lead to wrongful death claims. The purpose of such a claim is to hold the responsible parties accountable and to provide financial support to the surviving family members. Wrongful death claims can cover expenses such as funeral costs, medical bills related to the injury, and the loss of income or companionship the deceased provided. However, pursuing this type of legal case requires understanding and following specific rules, one of the most important being the statute of limitations.What Is the Statute of Limitations
The statute of limitations is the legal time limit you have to file a lawsuit. For wrongful death claims in Pennsylvania, this time limit is two years from the date of the person’s death. This means that if a loved one passed away due to someone else’s negligence, you must file your claim within two years to preserve your right to seek justice. The purpose of having a statute of limitations is to ensure that cases are brought to court while evidence is still fresh and witnesses’ memories are reliable. Once the deadline has passed, it is very difficult to proceed with your case, no matter how valid your claim may be. This is why it is essential to understand and act within this legal timeframe.“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!
- Miguel Lopez
Why Acting Quickly Is Important
Time passes quickly when you are dealing with grief and the practical matters that follow a loss. It is easy to lose track of the statute of limitations, especially when legal concerns may not be at the forefront of your mind. However, acting quickly is critical for a successful wrongful death case. As time goes on, evidence can be lost or harder to obtain. Witnesses may move, their memories may fade, or documents that could support your case may become harder to access. Filing your claim promptly allows your legal team to gather the strongest evidence possible and build a compelling case.Exceptions to the Statute of Limitations
While the general rule in Pennsylvania is that wrongful death claims must be filed within two years, there are certain situations where exceptions may apply. For example, if the person responsible for the wrongful death actively conceals their involvement, the clock on the statute of limitations may be paused until their role is discovered. Similarly, cases involving minors as plaintiffs may have special considerations. It is important to note that exceptions are rare and complicated. If you believe your case might involve unusual circumstances, speaking with a legal professional as soon as possible can help you understand your rights and options.Related Videos
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