Losing a loved one in an accident is overwhelming. Not only may you find yourself struggling with grief, but you may be experiencing a financial strain. Wrongful death suit payouts can provide survivors with justice and alleviate the economic losses they have suffered.
Wrongful death claims can be challenging but pursuing one can allow you to recover essential compensation. If you need help suing for wrongful death, working with an experienced Philadelphia personal injury lawyer can provide you with beneficial guidance and legal support.
What Is a Wrongful Death Lawsuit?
In Pennsylvania, a lawsuit for wrongful death allows survivors to recover compensation for the economic impact of the death. Losses that can be recovered include cost of medical care, funeral expenses, cost of probate and estate administration, loss of support, and loss of services. Spouses, children, and parents of the deceased can recover.
This is not to be confused with a survival action where surviving family members can recover the economic damages and non-economic losses of the deceased. In other words, any causes of action that the deceased could have pursued had the lived “survive” their death. This includes losses like medical expenses and pain and suffering damages.
Wrongful death suits are typically based on a theory of negligence. As such, survivors can sue if their loved one’s death was caused by another’s breach of their duty of care. The plaintiff will need to prove four elements including:
- Duty of Care: The defendant had a duty of care to the deceased.
- Breach: The defendant breached that duty.
- Causation: The breach caused the death.
- Damages: The plaintiff suffered actual losses as a result.
An injury attorney can help you identify responsible parties and prove their liability for your loved one’s death and your losses.
How Long Does a Wrongful Death Lawsuit Take to Settle in Philadelphia?
The statute of limitations for a wrongful death accident in Pennsylvania is short. Loved ones have just two years from the date of death to pursue a wrongful death suit and two years from the date of injury for a survival action. If a plaintiff fails to file in that time, they may be forever barred from recovering compensation.
After filing a wrongful death lawsuit, several things will occur. The defendant will need to respond to the lawsuit and the discovery process (investigation and evidence gathering) will begin. Both parties may also file motions that the court will rule on. Your lawyer will handle these matters on your behalf. Settlement may occur at any time during this process.
If no settlement is reached, the case may go to trial. Depending on the court’s calendar, the complexity of the matter, and the parties involved, it can take years to go to trial. Your injury attorneys can provide you with a timeline and expectations for your case.
The Importance of Filing a Wrongful Death Lawsuit
While navigating a civil case can be challenging, seeking compensation can help with the challenges that arise from your loved one’s death. A wrongful death payout holds the liable party accountable and can be essential for relieving the financial strain of your loss.
Other reasons why pursuing a wrongful death case is important includes:
- Safety awareness: A lawsuit for wrongful death can raise awareness about safety concerns and causation issues. For instance, a car accident case can make others aware of dangerous driving practices or vehicle safety issues.
- Closure: A wrongful death lawsuit can help survivors get closure for their loved one’s death. By holding a party accountable for their negligence, a wrongful suit can provide individuals with the feeling justice was served.
- Deterrence: These claims can deter future behavior. For example, a medical wrongful death lawsuit based on malpractice can deter providers from taking similar actions in the future.
Hiring an Experienced Wrongful Death Attorney
After a death occurs, families and friends are left struggling with the aftermath. During these emotionally distressing times, getting legal support is crucial. A wrongful death lawyer can help you file a lawsuit, negotiate settlement, and present your case to the judge and jury.
At The Law Offices of Greg Prosmushkin, P.C., our attorneys provide compassionate support and aggressive legal strategies to get you justice for your loved one. If you need help with your unlawful death lawsuit, don’t hesitate to take advantage of our attorneys’ free consultation and case evaluation.