If you recently lost a loved one due to negligence, your family deserves justice and closure during this challenging time, and The Slocum Firm is here to help. Reach out to us today and let our dedicated team fight for your rights and ensure your voice is heard.

 Filing a wrongful death claim in Allentown can be an overwhelming and complex process, especially when dealing with the emotional aftermath of losing a loved one due to someone else’s negligence. Navigating the legal system, understanding your rights, and ensuring that justice is served requires the guidance of an experienced attorney.

At The Slocum Firm, our dedicated Allentown wrongful death lawyers  are here to provide you with the support and expertise needed to file a wrongful death claim. We are committed to helping you understand the steps involved, gathering the necessary evidence, and pursuing the compensation your family deserves, allowing you to focus on healing while we handle the legal complexities.

Determining if You Have a Valid Wrongful Death Claim 

Determining whether you have a valid wrongful death claim is a crucial first step in seeking justice for the loss of a loved one. In Pennsylvania, a wrongful death claim surfaces when a death arises from the intentional, reckless, or negligent actions of another party. To establish a valid claim, certain legal elements must be met, including proving that the defendant owed a duty of care to the deceased, that this duty was breached, and that the breach directly caused the death. Understanding these elements is essential for determining the viability of a wrongful death claim and ensuring that the responsible parties are held accountable.

The first element in determining a valid wrongful death claim is establishing that the defendant owed a duty of care to the deceased. This duty varies depending on the circumstances of the case. For example, a healthcare provider must provide competent medical care to their patient in a medical malpractice case. In a car accident case, drivers must operate their vehicles safely and follow Pennsylvania traffic laws. If this duty of care existed and was breached, you may have grounds for a wrongful death claim.

Next, it must be demonstrated that the breach of duty directly caused the death of your loved one. This requires a clear connection between the defendant’s actions or inactions and the fatal outcome. For instance, if a driver was texting while driving and caused a deadly accident, the connection between the breach (distracted driving) and the death is evident. However, proving causation can sometimes be complex, especially involving multiple factors or parties. Gathering evidence, such as medical records, accident reports, and expert testimony, is crucial to establishing this link and strengthening your claim.

Survival Action vs Wrongful Death Lawsuit 

In Pennsylvania, both survival actions and wrongful death lawsuits serve as legal remedies for the loss of a loved one. Still, they address different aspects of the tragedy and have distinct legal implications. Understanding the differences between these two types of claims is crucial for determining the appropriate legal action to seek justice and compensation.

A wrongful death lawsuit is filed by the surviving family members of the deceased, such as a spouse, children, or parents, to recover damages for the loss of the deceased’s companionship, support, and financial contributions. This type of claim seeks to address the emotional and financial impact of the death on the surviving family. The damages awarded in a wrongful death lawsuit typically include compensation for loss of income, funeral expenses, and loss of companionship or consortium. The primary focus of a wrongful death claim is on the suffering and financial hardship experienced by the survivors due to the death of their loved ones.

On the other hand, a survival action is brought on behalf of the deceased’s estate to recover damages for the suffering and losses the deceased endured between the time of the injury and their death. This type of claim addresses the pain, suffering, and medical expenses incurred by the deceased before their passing. In a survival action, the damages sought are meant to compensate for the deceased’s experience of the injury and their financial losses, including lost wages and medical bills. Essentially, a survival action continues the legal rights of the deceased, allowing the estate to recover damages that would have been available to the deceased if they had survived.

While both types of claims can be pursued simultaneously, they serve different purposes and involve distinct elements. A wrongful death lawsuit focuses on the impact of the death on the surviving family, while a survival action compensates for the deceased’s pre-death suffering and financial losses. It is essential for those considering legal action to understand these differences and work with an experienced attorney to ensure that all relevant claims are properly filed and pursued. The Slocum Firm can provide the expertise to navigate wrongful death and survival action claims, helping families seek comprehensive justice and compensation for their loss.

Parties Entitled to Recover in an Allentown Wrongful Death Lawsuit

In an Allentown wrongful death lawsuit, the parties entitled to recover damages are typically defined by Pennsylvania law and depend on the case’s specific circumstances. These parties are generally those who have suffered financially or emotionally due to the loss of the deceased. Understanding who is eligible to recover can help ensure that the right individuals are represented in the claim and receive the compensation they deserve.

Surviving Family Members

The primary beneficiaries in a wrongful death lawsuit are often the surviving family members who were directly impacted by the deceased’s death. In Pennsylvania, this usually includes:

• Spouse: The surviving spouse of the deceased is entitled to recover damages for the loss of companionship, emotional support, and financial contributions.
• Children: The children of the deceased, whether biological or adopted, may be eligible to recover damages for their loss, including the financial support and guidance they would have received.
• Parents: If the deceased was unmarried and had no children, the surviving parents can be liable for their loss. This also applies if the deceased was a minor or if the wrongful death claim involves the parents of an adult child who was financially dependent on them.

Personal Representative

The personal representative of the deceased’s estate is also a crucial party in a wrongful death claim. This individual, often appointed through a will or by the court, is responsible for filing the lawsuit on behalf of the estate and its beneficiaries. The personal representative’s role includes managing the legal process, gathering evidence, and distributing awarded damages to the rightful beneficiaries.

Legal Heirs

In some cases, if the deceased had no surviving spouse, children, or parents, the claim may be pursued by other legal heirs. Pennsylvania law outlines a specific order of priority for beneficiaries, ensuring that the damages are distributed to those legally entitled.

Understanding who is entitled to recover damages in a wrongful death lawsuit is essential for pursuing a successful claim and ensuring that all eligible parties are considered. The Slocum Firm is committed to providing comprehensive legal support to help families navigate this process and secure the necessary compensation. If you are unsure about your eligibility or need assistance with a wrongful death claim, contact us today to discuss your case and explore your options.

Statute of Limitations

In an Allentown wrongful death claim, the statute of limitations is crucial in determining the time frame within which a lawsuit must be filed. The statute of limitations is a legal deadline that sets the maximum period for initiating a legal action. In Pennsylvania, the statute of limitations for wrongful death claims is generally two years from the date of the deceased’s death. This timeframe is designed to ensure that claims are brought forward while evidence is still fresh and to provide closure for the parties involved.

The two-year period begins to run from the date of death, not from the date when the cause of death was discovered. This means that even if the cause of death was not immediately apparent, the clock starts ticking from the actual date of death. It is essential for families to be aware of this deadline and to act promptly in filing a wrongful death lawsuit to avoid losing their right to seek compensation.

If a wrongful death claim is not filed within the two years, it is generally barred by the statute of limitations, meaning that the court will likely dismiss the case. This can result in the loss of the opportunity to recover damages for the loss of a loved one, including compensation for loss of income, funeral expenses, and emotional suffering. Therefore, it is crucial to consult with an experienced wrongful death attorney as soon as possible after the death of a loved one to ensure that all necessary legal actions are taken within the required timeframe.

In some cases, exceptions or specific circumstances could affect the statute of limitations, such as cases involving minors or instances where the defendant’s identity was unknown. An experienced attorney can guide you on these nuances and help ensure the claim is filed correctly and on time. At The Slocum Firm, we are committed to helping families navigate the complexities of wrongful death claims and protecting their legal rights. If you have questions about the statute of limitations or need assistance with a wrongful death claim, contact us today to discuss your case and explore your options.

The Filing Process for an Allentown Wrongful Death Claim

Each step listed above is designed to ensure your case is thoroughly prepared and properly presented. The process can be complex and emotionally taxing, so having experienced legal representation is essential. Here’s an overview of the critical steps involved in filing a wrongful death claim:

• Consultation with an Attorney: The first step is to consult with an Allentown wrongful death attorney to discuss the details of your case. During this consultation, the attorney will evaluate the merits of your claim, provide guidance on the legal process, and help you understand your rights. Choosing a lawyer with experience in wrongful death cases is crucial to ensure you receive expert advice and representation.
• Gathering Evidence: Once you decide to move forward, your attorney will gather evidence to support your claim. This evidence may include medical records, accident reports, witness statements, and other relevant documentation. The goal is to establish that the defendant’s negligence or wrongful conduct directly caused the death of your loved one.
• Filing the Claim: Your attorney will draft and file the wrongful death complaint with the appropriate court. This legal document outlines the allegations against the defendant, and the damages sought. It is essential to file the claim within Pennsylvania’s statute of limitations, generally two years from death. Failure to adhere to this deadline can result in losing your right to pursue the claim.
• Discovery and Negotiation: After filing the claim, both parties will engage in discovery, exchanging information and evidence related to the case. This phase may involve depositions, interrogatories, and requests for documents. Your attorney may negotiate with the defendant’s legal team to settle during or after discovery. Settlement negotiations aim to resolve the case without going to trial, potentially saving time and reducing legal expenses.
• Trial and Resolution: The case may proceed to trial if a settlement cannot be reached. Both sides will present their evidence and arguments at trial before a judge or jury. The court will then determine liability and award damages based on the evidence presented. If successful, you will receive compensation for the loss of your loved one, including damages for loss of income, funeral expenses, and emotional suffering.

Navigating the wrongful death claim process can be intricate and emotionally challenging. It is essential to have a dedicated Allentown wrongful death attorney from The Slocum Firm by your side to guide you through each step and advocate for your family’s rights. We are committed to providing the support and expertise needed to pursue justice and secure the compensation you deserve. Contact us today if you are ready to begin the process or have questions about filing a wrongful death claim.

The Slocum Firm

Navigating the aftermath of a wrongful death can be overwhelming, especially when dealing with the legal complexities and emotional challenges that follow. At The Slocum Firm, we understand the profound impact of losing a loved one and are dedicated to providing compassionate and skilled legal representation to help you through this difficult time. Our experienced Allentown wrongful death lawyers are committed to securing the justice and compensation you deserve, so you can focus on healing and moving forward. We are here to support you every step of the way, ensuring that your claim is handled with the utmost care and diligence.

If you believe you have a wrongful death claim or have questions about the legal process, don’t hesitate to reach out to us. Contact The Slocum Firm  today at 570-209-7376 to schedule a free consultation. Let us provide the guidance and advocacy you need to achieve a fair resolution and honor the memory of your loved one.