Philadelphia Wrongful Death Lawyer
Losing a loved one due to the negligent actions of another individual is a painful, heartbreaking experience that deserves justice. You may be experiencing financial hardship, emotional pain and a number of legal concerns as a result of your loss. Filing a wrongful death claim may bring you the relief you deserve with an experienced attorney to guide you through the process and help you understand the steps required to bring your case to a successful resolution.
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By hiring a wrongful death lawyer in Philadelphia, you’ll be able to seek compensation for your pain and suffering and fight for justice, holding the negligent individual accountable.
If you or someone you know suspects negligence may have been involved in the passing of a loved one, contact the experienced wrongful death attorneys at Meirowitz & Wasserberg, LLP to learn how we can help.
Wrongful Death Statutes in Philadelphia
Pennsylvania state law dictates who is qualified to file a wrongful death claim on behalf of the deceased person and describes the statute of limitations and available compensation that may be recovered.
Pennsylvania state law notes that the parents, children or spouse of the deceased individual are the only representatives eligible to recover damages on behalf of the deceased in a wrongful death claim. If no beneficiaries exist, it is not possible to file a wrongful death claim.
The state’s intestacy laws, as recorded in 20 PA Cons Stat § 2101, dictate that the deceased person’s will designates the personal representative of the estate. In case a will does not exist, the heirs may be able to file a wrongful death claim.
Statute of Limitations for Wrongful Death
The statute of limitations for wrongful death cases in Pennsylvania, as written in 42 PA Cons Stat § 5524, states that damages may be recovered for up to two years following the victim’s death. Once two years have passed, the court will no longer hear your claim.
Due to this time limitation, it’s essential to begin working with a wrongful death attorney as soon as possible. Seek prompt legal advice from an attorney who is experienced in wrongful death cases in order to ensure your case is on track and you have all of the information you need to move forward.
Causes of Wrongful Death
When an individual dies due to the negligent, violent or wrongful actions of another individual, Pennsylvania law classifies this as wrongful death. Filing a wrongful death claim on behalf of your loved one is the best way to hold the negligent parties accountable and give you the security you need in order to move forward.
Some examples of situations that may result in wrongful death include:
- Negligence within nursing homes
- Medical malpractice
- Violent crimes
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Defective products or machinery
- Premises liability
If you suspect your loved one’s passing was caused by a situation involving the negligence of others, seeking legal advice from an experienced attorney is the best course of action.
Proving Wrongful Death Damages
In order to establish negligence on behalf of the defendant, wrongful death cases rely on evidence in order to confirm all of the stated allegations. Depending on the expected lifespan of the deceased and his or her potential future earnings, the court will award the plaintiffs damages proportionally. In order to maximize potential compensation for your wrongful death claim, it’s absolutely critical that all evidence is preserved as early as possible.
To have a successful outcome, you will be required to prove negligence and provide evidence that the negligence of another individual directly resulted in the death of your loved one. This can be challenging without a personal injury lawyer experienced in wrongful death claims and evidence gathering, and seeking professional legal advice is highly recommended.
Types of Damages You Can Recover
If you are eligible to file a wrongful death claim on behalf of the deceased, there are certain types of damages you may be able to recover from your claim.
Recoverable Economic Damages
You may be able to recover a number of economic damages directly related to your wrongful death case, including:
- Burial costs and funeral expenses
- Hospital expenses and any related medical costs
- Lost wages of the deceased
- Estate administration expenses
Recoverable Non-Economic Damages
For the emotional pain and psychological impacts of your loved one’s death, non-economic damages can be claimed related to:
- Loss of comfort, companionship and guidance
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of the enjoyment of life
Do I need a wrongful death attorney?
Yes, it is highly recommended to hire a wrongful death attorney in order to ensure a successful case outcome and the smooth progression of your case.
As much as you may want to handle every situation on your own, wrongful death cases are not the time to do so. Hiring a wrongful death attorney will allow your case to progress as smoothly as possible and ensure no deadlines or requirements are overlooked.
When you hire an experienced attorney, he or she will be able to assist you with:
- Answering all of your questions and offering legal advice
- Collecting any necessary evidence and reviewing case law to support your claim
- Interviewing witnesses and collecting information on your behalf
- Evaluating and assessing the losses and potential damages within your case
- Acting in your best interest and working to obtain justice on behalf of the deceased
How Meirowitz & Wasserberg, LLP Can Help with Your Wrongful Death Case in Philadelphia
Samuel Meirowitz and Daniel Wasserberg are experienced and knowledgeable attorneys who have helped their clients fight for justice and get the compensation they deserve.
Throughout the years, they have helped their clients recover millions of dollars worth of damages and have the best attorneys available to handle your case from start to finish. In order to build a strong case, it’s important to retain counsel well ahead of any deadlines or statutes in order to maximize your chances of success and receiving compensation.
If your family member has suffered wrongful death as a result of the negligent or violent actions of another individual, contact Meirowitz & Wasserberg, LLP today for a no-obligation, free consultation.
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