When a life is cut short because of someone else’s negligence, it can have a devastating effect on the family. You will have to deal with the grief on top of handling the aspects of the accident. There are probably many expenses you need to keep track of. Not to mention the loss of income and how that will affect your family.
The Pennsylvania wrongful death lawyers at Fellerman & Ciarimboli know the pain your family is going through at this time. This is why we will fight on your family’s behalf both inside and outside the courtroom to make sure you are properly compensated for your loved one’s death. This is a painful time in your life and we will make sure your case is handled with the respect it deserves.
WHAT IS A WRONGFUL DEATH CLAIM?
Under Pennsylvania law, when a person’s death was caused by negligence, violence, or a wrongful act, the relatives have the right to file a lawsuit for wrongful death against the other parties. These types of claims can involve all types of fatal accidents — from a car accident to medical malpractice. It doesn’t necessarily have to be a single person responsible for the claim — companies and even the government can be legally at fault for your loved one’s death.
In Pennsylvania, a wrongful death claim can only be brought by the person’s estate. This means the award is limited to the decedent’s spouse, children, and/or parents.
WHY FILE A WRONGFUL DEATH LAWSUIT?
If you lose a loved one in a tragic accident, you will soon find yourself inundated with bills. Medical bills, funeral expenses, property damage–the debt will soon add up. Not only will you be in mourning, but you’ll also be in financial straits.
But by filing a wrongful death lawsuit, you may receive compensation that will cover not only your current bills but any future expenses. You can receive compensation for:
- funeral and burial expenses
- hospital and medical expenses
- estate administration expenses
- lost wages and benefits
- the loss of household services and comfort provided by the deceased
- pain and suffering
THE FOUR ELEMENTS OF WRONGFUL DEATH
As defined by law, you can submit a successful claim if these four elements are met:
- Negligence – Let’s say your loved one had died following a workplace accident. Later, you learn that the accident would never have occurred if the proper OSHA regulations were put in place. Since the employer was negligent and failed to follow the letter of the law, your loved one had died.
- Breach of Duty – You will need to prove that the defendant had owed a duty to the deceased victim. For example, in a medical malpractice case, the doctor owed a duty to his deceased patient to maintain his/her death. Because the doctor failed, that duty was breached.
- Causation – Because the duty was breached, you will now need to prove that the negligence had caused the death of your loved one.
- Damages – Finally, you will need to prove that the death of the victim had caused a financial strain on the family. This is where medical bills, funeral expenses, loss of income come into play.
As you can see, a wrongful death case can be quite difficult to prove. This is why you need an experienced personal injury attorney to help you with your claim.
HOW OUR PENNSYLVANIA WRONGFUL DEATH LAWYERS CAN HELP
At Fellerman & Ciarimboli, we know you’re suffering right now. But by hiring an experienced and aggressive wrongful death attorney, we can reduce the stress of the financial burden you are now facing, so you and your family can focus on the healing process and move on with life. We will gather the evidence, speak with witnesses, contact the insurance company, and make sure you are properly compensated and your family’s future is secured.
The Philadelphia wrongful death lawyers at Fellerman & Ciarimboli can’t turn back the clock. What we can do is hold the negligent party responsible for wrongful death, and we can ease your legal and financial anxiety. Make a consultation appointment to tell us your story, and we will do everything we can to help. For more information on wrongful death claims, click here.