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With its proximity to downtown Philadelphia, the community-oriented neighborhood of Bala Cynwyd is an engaging place to visit or live. Despite this, accidents can occur here, resulting in injuries or even death.
The wrongful death of a loved one can leave families facing financial despair, preventing them from moving forward.
Pennsylvania’s wrongful death claims process allows grieving families to hold a negligent individual or entity accountable for their careless actions and seek compensation to cover the emotional and financial consequences of the death.
If you are grappling with the untimely loss of a loved one, you need the guidance and support of a seasoned Bala Cynwyd wrongful death attorney. At TopDog Law Personal Injury Lawyers, we maintain a network of qualified personal injury attorneys throughout Pennsylvania who are ready to take your case and fight for the justice and compensation you deserve.
It costs absolutely nothing to see if you have a case
Family members have specific entitlements when they lose a loved one due to negligence or intentionally harmful acts, which includes seeking and recovering damages, or compensation.
Understanding these rights can be complex, as they are contingent on various circumstances, including the survivor’s relationship to the deceased, the nature of the wrongful act, and state laws regulating such claims.
Pennsylvania’s wrongful death law allows a personal representative or executor of the deceased’s estate to file a wrongful death claim on behalf of family members and the estate. If a representative does not file a claim within six months of the date of death, family members can file the claim on behalf of all beneficiaries.
There are typically two types of compensation that survivors can recover in a wrongful death claim: economic and non-economic damages.
Economic damages refer to specific monetary losses in connection with the death, such as funeral and burial expenses, loss of the deceased’s income, medical expenses prior to death, and the loss of potential inheritances. In some cases, you can seek compensation for the cost of household services the deceased performed that family members must now hire someone to do.
Non-economic damages can include compensation for the pain and suffering the deceased endured prior to death and the mental anguish the survivors suffered following the death. It also covers the loss of companionship, love, and moral support the deceased provided.
A wrongful death claim arises when a person dies due to the legal fault of another individual or entity. The fatality may result from negligent actions, such as careless driving, errors in medical care, hazardous property conditions, workplace accidents, defective products, or even intentional harm, such as assault. The key point to consider here is that if the victim had survived, they would have had the grounds to file a personal injury claim.
According to the Pennsylvania Department of Transportation figures, while traffic fatalities have decreased in recent years, the Commonwealth still sees more than 117,000 reportable traffic accidents a year, resulting in more than 1,200 fatalities. Montgomery County ranks among the top 10 counties in Pennsylvania for the number of fatal traffic accidents, accounting for more than 3 percent of the state’s total.
There are several medical facilities in Bala Cynwyd, with facilities and healthcare providers that provide residents with quality care. When a healthcare provider fails to exercise the standard of care their license requires, deaths can occur, leading to wrongful death claims.
Some medical errors that can cause the death of a patient include prescription errors, misdiagnosis or delayed diagnosis, unnecessary surgery or mistakes made during surgery, and failure to provide adequate follow-up care.
Bala Cynwyd has many historical buildings and unique shopping and dining experiences for residents and visitors. But when the owners or managers of these properties fail to use proper care to protect visitors from harm, deaths may occur due to falls, fires, and negligent security.
In Bala Cynwyd, as in the rest of Pennsylvania, a wrongful death claim is possible if someone else’s wrongful act, neglect, unskillfulness, or default caused the death. It’s crucial to understand the specifics of the law and your rights and options to pursue compensation. That’s why you need an attorney from TopDog Law’s legal network to review your claim, advise you of your rights, and guide you through the process.
Wrongful death claims are subject to statutes of limitations. A statute of limitations is a law that determines the maximum amount of time that parties in a legal dispute have to initiate legal proceedings. These time limits can vary depending on the state where the accident occurred, the type of accident, and other circumstances of the case.
In Bala Cynwyd, you typically have two years from the date of the deceased’s death to file a wrongful death claim in court. Failing to file the claim within this time will almost always result in the loss of the ability to use the court process when seeking compensation and the inability to negotiate a fair settlement with the at-fault party’s insurance provider.
Navigating the complexities of wrongful death claims can be a challenging process, especially during a time of grief and loss. Therefore, it’s important to understand what constitutes a wrongful death claim and who has the legal standing to file one.
A Bala Cynwyd wrongful death lawyer removes much of the difficulty you may have with the process by handling the legal work, gathering needed evidence, and communicating with the at-fault party’s insurance provider.
When a wrongful death occurs, you typically file a claim against a relevant insurance policy that the at-fault party holds, such as auto liability, workers’ compensation, medical malpractice, property, or business liability. When the insurance provider who services this policy receives the claim, they will assign a claims adjuster to evaluate it and determine whether they think you should receive compensation and, if so, how much the policy will pay.
While this process sounds straightforward enough, it is important to understand that the claims adjuster evaluates the claim through the lens of the insurance company’s obligation and avoids unnecessary payouts. Because of this, claims adjusters can make the process very difficult for families to shoulder on their own, engaging in tactics designed to reduce or eliminate the value of the payout rather than fairly compensate family members for the financial and psychological impacts they incurred due to the loss.
In Pennsylvania, an experienced wrongful death lawyer can provide several services to ease the weight of this complicated process for loved ones or personal representatives of the deceased.
These services include:
If the involved parties cannot reach a fair settlement out of court, your attorney is ready and willing to take your case to trial, advocating passionately for your rights in the courtroom. At the conclusion of the claim, your lawyer will obtain the proceeds of a negotiated settlement or court award for you and settle any medical liens that healthcare providers or medical insurers placed on the award. Because wrongful death lawyers use a contingency fee-based billing method, you only have to pay for your lawyer’s services if you receive compensation for your claim.
Losing a loved one is a trying experience, and learning that it may have been due to someone’s negligence can amplify your pain and distress. If you believe you have a wrongful death claim, do not jeopardize your chances of seeking justice.
Shouldering the burden of dealing with the legal complexities while grieving is an uphill task, so hire a Bala Cynwyd wrongful death lawyer.
Other actions you can take to protect the value of your claim include:
Most wrongful death claims resolve out of court through a negotiated settlement. This process takes time. Demonstrate patience when an attorney is working to get you compensation.
The attorneys in TopDog Law’s network understand how difficult it can be to move forward after the unexpected death of a loved one. If you suffered a loss from a preventable tragedy someone else caused, we invite you to reach out for a free consultation. This no-obligation meeting will allow us to review the specifics of your case. We can then connect you with a local attorney who can explain your rights and legal options, and outline how they can best assist you in pursuing your claim.
Our firm is easily accessible to individuals and families in Bala Cynwyd. We are eager to provide you access to local representation who will deliver the support and advocacy you need. Connect with a Bala Cynwyd personal injury lawyer from our legal network by calling (484) 330-8728 at your earliest convenience. Let us help you find a legal ally to seek justice for your lost loved one.
111 Presidential Blvd.,
Suite 251,
Bala Cynwyd, PA 19004
Ph: 484-330-8728
TopDog Law is a national marketing network that collaborates with James Helm, Helm Law Group, LLC, and other experienced local attorneys across the country, licensed in the states where they practice, combining our extensive resources and knowledge with their deep understanding of state-specific laws and regulations.
Helm Law Group, LLC maintains at least joint responsibility for each client file, and most cases are referred to TopDog Law’s network of attorneys across the country for principal responsibility. This strategic partnership allows us to provide you with the best of both worlds: the power and reach of a nationwide network of law firms, coupled with the personalized attention and local know-how of attorneys in your community.
With TopDog Law’s network of local attorneys on your side, you can rest assured that you have a tenacious, experienced team fighting tirelessly to secure the maximum compensation you deserve, regardless of your location.
TopDog Law is a national marketing network for law firms, including Helm Law Group, LLC, which license the TopDog Law name and separately operate in states where they are each licensed.  James Helm is licensed to practice in Arizona and Pennsylvania. Helm Law Group, LLC operates in Arizona.
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