What wrongful death means in Pennsylvania
Wrongful death happens when someone dies because of another person’s actions. These actions can be careless or on purpose. This might be a car crash, a work accident, medical mistake, or something else that caused harm. In Pennsylvania, the law allows the family of the person who died to file a wrongful death claim. This claim is not about punishment. It is about helping the family get support after their loss. The person who brings the case is usually the personal representative of the person’s estate. This can be a family member or someone named in a will. The money from the case usually goes to the spouse, children, or parents of the person who passed away. If there are no family members like that, it may go to other people who were financially dependent on the person.Why damages matter in these cases
Damages are the money you may be able to receive through a wrongful death case. These damages are meant to make up for what was lost because of the death. Of course, no amount of money can bring back your loved one. But damages can help you cover the costs and pain that come with the loss. In Pennsylvania, the law has clear rules about what kinds of damages can be claimed and who can receive them. Understanding these damages helps you know what to expect and why your case matters.“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
Types of damages you can seek in Pennsylvania
There are different kinds of damages you can ask for in a wrongful death claim. These damages fall into a few main groups. One group is economic damages. These are the real, countable losses caused by the death. They include things like medical bills, funeral and burial costs, and the money your loved one would have earned if they had lived. If your loved one helped take care of the home or children, the value of those services can also be counted. Another group is non-economic damages. These are for the pain and loss that cannot be measured with numbers. These include loss of comfort, loss of love, and the pain of not having your loved one with you anymore. While these are harder to count, they are very real and very important. There is also something called survival damages. These are damages that the person who died would have been able to claim if they had lived. For example, if they suffered pain before they passed away, the estate can ask for money for that pain and suffering. These survival damages go to the estate, and then are passed along according to the will or state rules.Who can receive damages in a wrongful death case
In Pennsylvania, not everyone can file a wrongful death claim or get money from one. The law gives that right to close family members, starting with the spouse, children, and parents of the person who passed away. If there are no such family members, other people who were financially supported by the person may have a right to receive damages. The personal representative of the estate is the person who files the claim. If they do not file within six months, then any of the family members who could benefit from the claim can bring it. The court will decide how the damages should be shared based on who was closest to the person and who depended on them.Related Videos
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