If you have lost a loved one due to someone else’s negligence, call The Slocum Firm for a free consultation to discuss a potential wrongful death claim. We are dedicated to fighting for your rights and ensuring that you receive the maximum compensation available for your loss.

 Dealing with the loss of a loved one is an incredibly challenging and emotional experience, made even more complicated when the circumstances of their passing involve negligence or wrongful conduct. At The Slocum Firm, we understand that no amount of compensation can ever replace the presence of a cherished family member, but we are dedicated to pursuing justice and holding those responsible accountable for their actions.

Our Allentown wrongful death lawyers are committed to providing compassionate, skilled, and unwavering support to families navigating the complex legal landscape following a tragic loss. We stand by your side, advocating for your rights and ensuring that you receive the compensation you deserve for the profound impact of your loss.

In wrongful death cases, the legal process can often seem overwhelming, particularly when compounded by grief and emotional strain. Our experienced team at The Slocum Firm is here to guide you through every step of this challenging journey. From investigating the circumstances surrounding your loved one’s death to negotiating with insurance companies and presenting your case in court, we handle the legal complexities so you can focus on healing and honoring your loved one’s memory. We are committed to offering you the support, expertise, and dedication needed to achieve a fair resolution, allowing you to find some measure of closure and justice.

Wrongful death claims are intricate and require a thorough understanding of both the legal and emotional aspects involved. Our Allentown wrongful death lawyers are adept at navigating these complexities, utilizing our extensive knowledge of Pennsylvania’s legal framework to build a compelling case on your behalf. We understand the unique challenges that arise in wrongful death cases and are prepared to confront them with sensitivity and determination.

At The Slocum Firm, we prioritize your needs and work tirelessly to ensure that those responsible for your loss are held accountable and that you receive the financial support necessary to address the economic and emotional impact of your loss.

In the wake of a wrongful death, families often face significant financial burdens, including medical expenses, funeral costs, and the loss of future income. Our team at The Slocum Firm is committed to fighting for the full range of damages available under the law to alleviate these financial pressures.

We strive to secure compensation that reflects the true extent of your losses and supports your family’s future well-being. With our skilled legal representation, you can trust that your case will be handled with the utmost care and diligence, giving you the best chance at obtaining a just resolution and honoring your loved one’s legacy.

When a Personal Injury Becomes a Wrongful Death

In Pennsylvania, a wrongful death claim is a legal action brought by the surviving family members or estate of a deceased individual who has died due to the negligent, reckless, or intentional actions of another party.

To establish a valid wrongful death claim, several key elements must be demonstrated. It’s important to have an experienced Allentown wrongful death lawyer represent you to make sure your case is well supported with the proper evidence to get the best possible outcome.

Differences Between Wrongful Death and Personal Injury Claims

While wrongful death and personal injury claims share similarities, they serve distinct purposes and involve different aspects of the legal process. A personal injury claim is filed by an individual who has suffered harm due to someone else’s actions, seeking compensation for damages such as medical expenses, lost wages, and pain and suffering. In contrast, a wrongful death claim is brought by the survivors of a deceased person, seeking compensation for the economic and emotional impact of the death on the surviving family members or estate.

One significant difference is the nature of the damages sought. In a personal injury claim, the damages are typically awarded to the injured party for their own suffering and financial losses. However, in a wrongful death claim, the damages are intended to compensate the surviving family members for their losses, including loss of financial support, loss of the deceased’s companionship, and funeral expenses. Additionally, wrongful death claims may involve different statutes and procedural requirements compared to personal injury claims.

Understanding these differences is crucial when pursuing a wrongful death claim. The legal standards, types of damages, and parties involved can significantly impact the outcome of the case. It is essential to work with an experienced wrongful death attorney who can navigate these complexities, ensure that all legal criteria are met, and advocate for compensation that reflects the full extent of your loss.

Eligibility for Filing an Allentown Wrongful Death Claim

In Pennsylvania, the right to bring a wrongful death claim is granted explicitly to specific individuals and entities as outlined by the state’s laws. The primary individuals eligible to file a wrongful death claim are the personal representatives of the deceased’s estate. This representative is typically appointed by the probate court and acts on behalf of the deceased’s estate in legal matters, including wrongful death claims. The personal representative is responsible for pursuing the claim and ensuring that any damages awarded are distributed according to Pennsylvania law.

Beyond the personal representative, Pennsylvania law also recognizes the following individuals as potential beneficiaries of a wrongful death claim:

  • Surviving Spouse: The surviving spouse of the deceased has the right to bring a wrongful death claim. This individual is considered one of the closest family members and is typically the primary beneficiary of the damages awarded.
  • Children of the Deceased: Biological and legally adopted children of the deceased are also entitled to bring a wrongful death claim. If the deceased had minor children, they might be among the primary beneficiaries of any compensation awarded.
  • Parents: If the deceased was unmarried and had no children, the parents of the deceased can file a wrongful death claim. This is particularly relevant in cases where the deceased was a minor or did not have a surviving spouse or children.
  • Siblings: Although less common, siblings may be entitled to bring a wrongful death claim if they can demonstrate that they suffered significant financial or emotional losses as a result of the deceased’s death, especially if other potential claimants are not present.

It is important to note that Pennsylvania law stipulates that wrongful death claims must be filed within a specific time frame, typically within two years of the date of death. This statute of limitations underscores the importance of acting promptly to preserve the right to seek compensation.

Understanding who is eligible to bring a wrongful death claim and the roles they play in the legal process is crucial for ensuring that justice is pursued effectively. Consulting with an experienced wrongful death attorney can provide clarity on eligibility, guide you through the legal process, and help you secure the compensation that addresses the full scope of your loss.

Accidents That Commonly Cause Wrongful Deaths 

Navigating the aftermath of a wrongful death can be an emotionally and legally challenging experience for families in Pennsylvania. Various types of accidents, such as car accidents, medical malpractice, workplace incidents, defective products, nursing home neglect, and pedestrian accidents, can lead to the tragic loss of a loved one.

Understanding how these accidents can result in wrongful death claims is crucial for individuals seeking justice and compensation for their losses. By recognizing the factors that contribute to wrongful death cases and the legal options available, families can take steps to hold responsible parties accountable and secure the support they need during such difficult times.

Consulting with a knowledgeable attorney who specializes in wrongful death claims, such as here at The Slocum Firm, can provide valuable guidance and advocacy throughout the legal process.

Here are the most common types of accidents that lead to wrongful death  claims:

  • Car Accidents: Car accidents are one of the most common causes of wrongful death claims in Pennsylvania. These accidents can result from various factors such as speeding, reckless driving, distracted driving, drunk driving, or mechanical failures. When a car accident leads to the death of an individual, the surviving family members may file a wrongful death claim against the at-fault driver or other parties responsible for the accident.
  • Medical Malpractice: Medical malpractice occurs when a healthcare provider fails to provide a standard level of care, resulting in harm or death to the patient. In Pennsylvania, medical malpractice cases that lead to wrongful death can involve surgical errors, misdiagnosis, medication errors, or failure to diagnose a serious condition. Surviving family members may pursue a wrongful death claim against the negligent healthcare provider or facility.
  • Workplace Accidents: Workplace accidents can occur in various industries, including construction, manufacturing, transportation, and healthcare. When a worker dies as a result of a workplace accident due to unsafe working conditions, lack of proper training, or equipment failure, their family members may seek compensation through a wrongful death claim against the employer or other responsible parties.
  • Defective Products: Defective products can cause fatal accidents when they malfunction or fail to work as intended. Examples of defective products that may lead to wrongful death claims in Pennsylvania include faulty car parts, dangerous pharmaceutical drugs, or defective household appliances. If a defective product causes the death of a consumer, the manufacturer or seller of the product may be held liable for the wrongful death.
  • Nursing Home Neglect: Nursing home neglect can result in wrongful death when elderly residents are subjected to abuse, neglect, or inadequate care. Common forms of nursing home neglect that may lead to wrongful death claims include malnutrition, dehydration, medication errors, physical abuse, or lack of supervision. Family members of nursing home residents who die as a result of neglect may pursue legal action against the nursing home facility and staff.
  • Pedestrian Accidents: Pedestrian accidents involving vehicles can have devastating consequences and often lead to wrongful death claims. Factors such as driver negligence, failure to yield, speeding, or distracted driving can result in fatal pedestrian accidents. Surviving family members of a pedestrian who dies in a traffic accident may file a wrongful death claim against the driver responsible for the collision.

It is important for individuals considering a wrongful death claim in Pennsylvania to seek legal guidance from an experienced attorney who can help navigate the complex legal process and advocate for their rights in seeking justice for their loved one’s untimely death.

Proving Negligence in a Wrongful Death Claim

To establish negligence in a wrongful death claim, specific criteria must be met. The primary elements that need to be proven are duty of care, breach of duty, causation, and damages.

Firstly, the plaintiff must demonstrate that the defendant owed a duty of care to the deceased. In wrongful death cases, this means showing that the defendant had a legal obligation to act in a manner that would not harm others. For instance, a driver has a duty to operate their vehicle safely and follow traffic laws to avoid causing harm to pedestrians and other drivers.

Secondly, it must be shown that this duty was breached. This involves proving that the defendant’s actions fell short of what a reasonable person would do under similar circumstances. For example, if a driver was texting while driving, this could be seen as a breach of their duty to drive attentively.

The third element is causation, which requires linking the defendant’s breach of duty directly to the death of the plaintiff’s loved one. It must be proven that the breach was the actual cause of the fatal incident. This often involves examining medical records, accident reports, and other evidence to establish that the breach of duty directly led to the fatality.

Finally, damages must be demonstrated, showing the loss suffered due to the death. This includes both economic damages, such as lost income and funeral expenses, and non-economic damages, such as pain and suffering experienced by the surviving family members.

Proving these elements requires a thorough investigation and solid evidence, so you will need the assistance of an experienced wrongful death lawyer. A skilled attorney can help gather and present evidence, consult with experts to establish causation and damages, and navigate complex legal procedures.

At The Slocum Firm, we will also handle negotiations with insurance companies and opposing legal teams, ensuring that the claim is robust and that the rights of the survivors are protected. Having a skilled lawyer on your side will significantly enhance the likelihood of a successful outcome in your wrongful death claim, securing the compensation and justice that your family deserves.

Compensation Available in an Allentown Wrongful Death Claim 

Having your case evaluated by a skilled attorney is crucial to ensuring that all of your losses are fairly and adequately covered. A knowledgeable lawyer can thoroughly assess the full extent of your damages, including both economic and non-economic losses, which might not be immediately apparent.

Part of our job as your lawyer is to identify and quantify all potential wrongful death compensation , from medical expenses and lost income to emotional suffering and loss of companionship. Additionally, an experienced attorney can ensure that all relevant evidence is gathered and presented effectively.

This comprehensive approach not only helps in maximizing your compensation but also ensures that no aspect of your claim is overlooked, providing you with the best chance for a favorable outcome.

In an Allentown wrongful death claim, several types of damages may be recoverable, depending on the specifics of the case. These damages generally fall into two broad categories: economic and non-economic damages.

Economic Damages: These cover financial losses resulting from the deceased’s death. They include:

  • Funeral and Burial Expenses: Costs related to funeral services, burial, and other end-of-life expenses.
  • Medical Expenses: Any medical costs incurred before the deceased’s death due to the accident or injury.
  • Lost Income: Compensation for the income and benefits the deceased would have earned if they had survived, including future lost wages and potential career earnings.
  • Loss of Financial Support: This includes the monetary support that the deceased would have provided to their family.

Non-Economic Damages: These address the intangible losses that do not have a direct financial value, such as:

  • Loss of Companionship: Compensation for the emotional impact and loss of relationship, affection, and support experienced by family members and dependents.
  • Pain and Suffering: Compensation for the mental anguish and emotional suffering caused by the loss of a loved one.
  • Loss of Consortium: For spouses, this covers the loss of marital companionship, affection, and intimacy.

In wrongful death claims, it’s essential to work with an experienced Allentown wrongful death attorney to accurately assess and document all potential damages. This ensures that you receive fair compensation for both the financial and emotional impacts of your loss.

Wrongful Death Filing Deadline 

In Pennsylvania, wrongful death claims are subject to a specific legal deadline known as the statute of limitations. This deadline is crucial for ensuring that your claim is filed within the legally allowable time frame, and failing to adhere to it can result in losing your right to seek compensation.

Under Pennsylvania law, the statute of limitations for filing wrongful death claims  is generally two years from the date of the deceased person’s death. This period is set forth in 42 Pa.C.S. § 5524. It is important to note that this timeline is strict, and filing a claim after the statute of limitations has expired can bar you from recovering damages, regardless of the merits of your case. Therefore, it is imperative to take prompt action to ensure that your claim is filed within this period.

The rationale behind this deadline is to provide a sense of closure and to ensure that evidence remains fresh and witnesses are still available. However, calculating the exact deadline can be complex, especially if there are multiple parties involved or if the circumstances surrounding the death are complicated. For instance, if the death occurred as a result of ongoing negligence or if the responsible party’s actions were not immediately clear, determining the starting point of the two years can be challenging.

Additionally, certain exceptions may apply that could affect the filing deadline. For example, if the deceased’s estate is involved or if the claim is against a government entity, different rules might apply. In some cases, the deadline may be extended if the responsible party’s actions were concealed or if the claim involves minors or incapacitated individuals.

Given the complexity of wrongful death claims and the strict nature of the statute of limitations, it is highly advisable to consult with a skilled wrongful death attorney as soon as possible. An experienced lawyer can help you understand the deadlines that apply to your case, gather and preserve evidence, and ensure that all procedural requirements are met, giving you the best chance of securing the compensation you deserve for your loss.

When Should I Contact an Allentown Wrongful Death Lawyer?

If you have lost a loved one due to someone else’s negligence or wrongful conduct, it is crucial to seek legal assistance as soon as possible. The time following a wrongful death can be emotionally overwhelming and filled with complex decisions, including the need to pursue legal action. Contacting an Allentown wrongful death lawyer early in the process is essential for several reasons.

First and foremost, wrongful death claims involve strict legal deadlines known as statutes of limitations. In Pennsylvania, you generally have two years from the date of the deceased person’s death to file a wrongful death lawsuit. Waiting too long to seek legal counsel can jeopardize your ability to file a claim and recover compensation. By contacting a lawyer promptly, you ensure that all necessary steps are taken within the required time frame, avoiding any potential issues with the statute of limitations.

Additionally, gathering evidence and building a solid case is a time-sensitive process. Early involvement of a lawyer can help preserve crucial evidence, such as medical records, accident reports, and witness statements. A skilled attorney can begin investigating the circumstances of your loved one’s death immediately, which is vital for establishing negligence or wrongdoing. The longer you wait, the harder it may be to collect and preserve evidence, which could impact the strength of your case.

A wrongful death lawyer can also guide you through the legal complexities of filing a claim. They will help you understand your rights, identify potential defendants, and calculate the damages you may be entitled to. This guidance is essential as you navigate the legal system while coping with grief. An attorney will handle the legal aspects of your case, allowing you to focus on your family’s emotional well-being.

Finally, contacting a lawyer early can provide peace of mind and ensure that your interests are represented effectively. An experienced wrongful death attorney will advocate on your behalf, negotiate with insurance companies, and prepare your case for trial if necessary. Their expertise will be invaluable in securing the compensation needed to address financial losses and honor your loved one’s memory.

Reaching out to an Allentown wrongful death lawyer as soon as possible is crucial for protecting your legal rights, gathering evidence, and navigating the complexities of your case. By doing so, you will have the support and expertise needed to pursue justice and compensation for your loss.

Steps to Take After a Loved One’s Fatal Accident 

Dealing with the sudden loss of a loved one due to a fatal accident is an incredibly challenging and emotional experience. It’s not only a time of profound grief but also a period filled with many urgent decisions and actions that need to be taken. In the wake of such a tragedy, it is crucial to seek immediate support to help manage both your emotional well-being and the practical aspects of the situation.

Engaging with a counselor, therapist, or support group can provide a safe space for you to express your grief, gain emotional support, and start to process the overwhelming feelings that come with losing a loved one. This emotional support can be instrumental in helping you remain focused and make informed decisions during this tumultuous period. Additionally, it is essential to lean on family and friends who can offer comfort and assist with various tasks, allowing you to navigate the practicalities of the situation with a clearer mind.

There are many important steps to take after losing a loved one in a preventable accident. Some will help you cope and some will protect your family’s right to seek fair compensation. Here are some important steps to take as soon as you are able to.

  • Seek Immediate Support: Grieving the loss of a loved one is emotionally overwhelming. It’s essential to seek support from family, friends, or a counselor to help you cope with your emotions and make sound decisions during this difficult time.
  • Notify Authorities: Ensure that the appropriate authorities, such as law enforcement and emergency services, are notified of the accident. They will investigate the incident and provide a report that may be critical for legal and insurance purposes.
  • Gather Information: Collect all relevant information about the accident, including police reports, medical records, and any eyewitness accounts. This documentation can be crucial for establishing the circumstances surrounding the accident and determining liability.
  • Preserve Evidence: If possible, preserve any physical evidence related to the accident, such as photographs of the accident scene, vehicle damage, or any other pertinent details. This evidence can support your case if you decide to pursue legal action.
  • Consult with an Attorney: Reach out to an experienced wrongful death attorney as soon as possible. A lawyer can help you understand your legal rights, evaluate the merits of your case, and guide you through the legal process. They can also assist with gathering evidence and filing a wrongful death claim within the required time limits.
  • Notify Insurance Companies: Inform relevant insurance companies about the accident. Be cautious when communicating with insurance adjusters, as they may seek to minimize the amount they pay out. An attorney can help manage these interactions to protect your interests.
  • Consider Financial and Legal Matters: Assess any immediate financial needs resulting from the loss, such as funeral expenses or loss of income. A wrongful death claim can help address these financial impacts and provide compensation for other damages, such as pain and suffering.
  • Follow Up on Legal Proceedings: Stay informed about any ongoing legal or insurance proceedings related to the accident. Your attorney will keep you updated and ensure that all necessary steps are taken to pursue justice and compensation for your loved one’s death.
  • Focus on Healing: While dealing with the legal and financial aspects is essential, it’s equally crucial to prioritize your emotional and physical well-being. Allow yourself and your family time to heal and seek professional support if needed.

Taking these steps can help you navigate the aftermath of a loved one’s fatal accident and ensure that you are prepared to seek the justice and compensation your family deserves.

Schedule Your Free Consultation at The Slocum Firm 

At The Slocum Firm, we understand that pursuing a wrongful death claim is a deeply personal and challenging journey. Our dedicated team of Allentown wrongful death lawyers is committed to providing compassionate and skilled representation to help you seek justice and hold those responsible accountable. We are here to guide you through every step of the legal process, ensuring that your family’s needs are met and that you receive the compensation you deserve.

Your loved one’s memory deserves to be honored, and we are here to support you in achieving that goal. If you have lost a loved one due to the negligence of others, don’t wait to take action. Contact The Slocum Firm today to schedule a free consultation and discuss your case with our experienced attorneys. Call The Slocum Firm  now at (570) 209-7376 to begin the journey toward justice and financial recovery.

We take wrongful death cases on a contingency fee basis, so you will only have to pay for our services when we obtain compensation in your case.