No amount of money can undo the unexpected death of a loved one. Family and friends are left devastated and in a shock for words. Typically, the last thing they want to do is think about is a lawsuit immediately following the tragic event. Unfortunately, the legal system is set up in such a way that the best time to contact an attorney is immediately after the death. We understand the devastation & emotional pain that a family is going through during this time and try to make that process as simple as possible.
“Wrongful Death” is a phrase used in civil cases for death caused by another’s negligence. A wrongful death claim can be filed to punish the wrongdoer and compensate the family. While it often does not feel like enough, the law was created for the purpose of holding the wrongdoer accountable for the destruction of human life.
Some of the most frequent wrongful death claims are brought for:
In many circumstances, the wrongful death attorneys at TopDog Law will decide to file two claims permitted under Pennsylvania law.
The first claim is a Wrongful Death Claim which compensates the family (spouse, children, parents) for the loss of a loved one. Damages in a wrongful death action include: medical expenses, lost wages, future expenses, loss of companionship, and punitive damages. Punitive damages are meant to punish the wrongdoer and deter this sort of negligent conduct from ever occurring again.
The second claim is a survival claim where the decedent’s estate can bring an action against the wrongdoer responsible for the death. Damages in a survival action include the pain and suffering suffered by the decedent before death and the lost wages he or she would have earned.
In Pennsylvania, a wrongful death claim is filed by the “beneficiaries” of a victim’s estate. Under Pennsylvania law, these “beneficiaries” include the spouse, children, and parents.
Generally, the statute of limitations for wrongful death in Pennsylvania is two years. It is important, however, for a lawyer to identify and distinguish a Wrongful Death Claim from a Survival Action.
In addition to both of these remedies having different damages, they also differ slightly when it comes to the statute of limitations. The two-year window for a wrongful death lawsuit starts from the date of death whereas the two year window for a Survival Action starts the date the accident occurred.
Wrongful death cases are really complex. It is important that you consult a skilled and knowledgeable lawyer. If you have any questions regarding the death of a loved one, please do not hesitate to contact us or CALL (800) 215-7211
The short answer is nothing. Our wrongful death attorneys work on a contingency basis meaning they do not get paid unless you get paid. We also cover all the up-front costs for expenses like experts who we will use to testify on your behalf. Therefore, we have every incentive to ensure that we win and get you the most compensation possible for your injury. CALL (800) 215-7211 and tell us your story today.
TopDog Law services all 67 counties in Pennsylvania and has three easy-to-access offices across the Philadelphia region. We also pride ourselves in being a text message away. Our lawyers routinely travel to meet clients in their home or close to their home. Do not hesitate to reach out if you are unable to travel to one of our locations.