losing a loved one is always a heartbreaking experience. The grief is even harder to bear when the death occurs due to someone else’s actions or negligence. In Pennsylvania, when a person’s death is caused by wrongful conduct, the law allows the surviving family members to seek justice. A wrongful death case can be pursued when the actions or inactions of another party lead to someone’s death. This may include negligence, recklessness, or even intentional harm. If you find yourself in this situation, McDonald At Law is here to help you navigate the legal process and seek the justice your family deserves.
It is important to understand what makes up a wrongful death case in Pennsylvania. Knowing how the law works can help families find peace and possibly secure compensation for their loss. There are specific rules that need to be followed, and this process can be complex. Here, we will explore what defines a wrongful death case, who can bring such a case, and what damages can be claimed.
Understanding Wrongful Death in Pennsylvania
In Pennsylvania, wrongful death is legally defined as a death caused by the wrongful act, neglect, unlawful violence, or negligence of another party. The death must have been preventable and caused by the actions of another person, company, or institution. This includes a wide range of situations such as car accidents, medical malpractice, or workplace injuries.
For a wrongful death case to exist, there must be evidence that the death was the result of someone else’s improper actions. This can be due to carelessness or even a deliberate act intended to cause harm. In Pennsylvania, the rules that apply to personal injury cases are also relevant to wrongful death claims. The law treats the case as if the deceased person had lived and brought a personal injury claim against the responsible party. The difference is that the family now brings the case on behalf of their loved one.
“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
Who Can File a Wrongful Death Lawsuit?
Not everyone who suffers from the loss of a loved one can file a wrongful death lawsuit. Pennsylvania law is very clear on who is allowed to bring these claims. Only certain people are legally recognized to file such a lawsuit. The individuals who can file include the personal representative of the deceased person’s estate or the close family members of the deceased.
The personal representative, who is often named in the deceased person’s will, is typically the first person to file the claim. If the representative does not file a lawsuit within six months of the death, the surviving spouse, children, or parents of the deceased can take action. Pennsylvania law ensures that close family members have the right to seek compensation when their loved one dies due to the wrongful actions of another party.
Common Causes of Wrongful Death in Pennsylvania
There are several types of situations where wrongful death cases are most common in Pennsylvania. These causes range from accidents to intentional actions that result in death. One of the leading causes of wrongful death is motor vehicle accidents. Car, truck, and motorcycle accidents can result in fatalities when a driver is careless, intoxicated, or reckless on the road.
Medical malpractice is another significant cause. If a doctor, nurse, or hospital fails to provide the right level of care, leading to the patient’s death, the family may have a wrongful death claim. Workplace accidents can also lead to wrongful death cases, particularly in jobs involving dangerous conditions like construction. Other examples include defective products, where a faulty item leads to a fatal accident, and criminal actions like assault or murder.
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Proving a Wrongful Death Case
Proving a wrongful death case requires evidence that the responsible party acted in a way that directly led to the death of your loved one. This is known as establishing liability. In Pennsylvania, the plaintiff must show that the responsible party had a duty of care to the deceased person, breached that duty, and that breach caused the death. For example, in a medical malpractice case, the doctor has a duty to care for their patient. If they fail to follow the standard procedures and the patient dies as a result, the doctor may be held liable.
The burden of proof is on the plaintiff to provide enough evidence to show that the death was caused by the other party’s wrongful actions. In some cases, testimony, medical records, witness statements, and accident reports are necessary to demonstrate what happened and who was at fault.
Types of Compensation in a Wrongful Death Case
When a wrongful death lawsuit is successful, the family can receive compensation for their loss. Pennsylvania law allows families to recover various types of damages in a wrongful death case. The compensation is meant to help the surviving family members cope with the financial and emotional impacts of losing a loved one.
One of the main forms of compensation is for financial losses. This includes lost wages that the deceased would have earned if they had lived. It can also cover medical expenses that were incurred before death as well as funeral and burial costs. In addition to financial damages, the family may also seek compensation for the emotional suffering and loss of companionship that comes with losing a family member. The loss of a parent or spouse is deeply painful, and Pennsylvania law recognizes that emotional distress is a significant part of these cases.
Statute of Limitations for Wrongful Death in Pennsylvania
It is important to act quickly if you believe you have a wrongful death case in Pennsylvania. The law places a time limit on how long you can wait before filing a claim. This is known as the statute of limitations. In Pennsylvania, the statute of limitations for wrongful death claims is two years from the date of death. If a lawsuit is not filed within this time frame, the family may lose their right to seek compensation.
However, there are some exceptions to this rule. If the cause of death is not discovered right away, the clock may start ticking from the time the cause of death is determined, not necessarily from the date of death. It is important to consult with an attorney to understand how the statute of limitations might apply to your specific case.
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Why Legal Representation Matters in a Wrongful Death Case
Pursuing a wrongful death case in Pennsylvania can be complex and emotionally challenging. Families are already dealing with the trauma of losing a loved one, and the legal process can add additional stress. This is where having legal representation becomes crucial. An attorney experienced in wrongful death cases can help navigate the legal process and make sure all necessary steps are taken to build a strong case.
From gathering evidence to negotiating with insurance companies and presenting the case in court, legal representation can help ensure that your rights are protected. The laws governing wrongful death in Pennsylvania are detailed, and working with a lawyer who understands these laws can make a significant difference in the outcome of the case. With the right legal help, families can focus on healing while the attorney works to pursue justice and fair compensation on their behalf.
If you have lost a loved one due to someone else’s actions, McDonald At Law is here to help you. We understand how difficult this time is for you and your family, and we are committed to helping you pursue justice. Our legal team has the knowledge and dedication needed to guide you through the process and ensure that your case is handled with care. You do not have to go through this alone. Contact McDonald At Law today to discuss your wrongful death case and find out how we can assist you in seeking the compensation you deserve.