If you have lost a loved one due to someone else’s negligence, your family deserves justice. Contact The Slocum Firm to schedule a free consultation today. You could be entitled to significant compensation.
Are you facing the devastating loss of a loved one due to someone else’s negligence in Pennsylvania? If so, you may be entitled to compensation for your wrongful death.
A wrongful death occurs when another person’s wrongful act causes someone’s death. This can happen due to various reasons, such as car accidents, workplace fatalities, medical malpractice, or intentional acts of violence.
When a loved one dies as a result of someone else’s negligence, it can be a deeply traumatic experience. The loss can be overwhelming, both emotionally and financially. The surviving family members may face significant financial burdens, including medical expenses, funeral costs, and loss of income.
At The Slocum Firm, we understand the pain and suffering that families go through after a wrongful death. Our experienced Pennsylvania wrongful death lawyers are dedicated to helping families like yours seek justice and recover the compensation they deserve.
We have a proven track record of successfully handling wrongful death cases throughout Pennsylvania. Our skilled attorneys will work tirelessly to build a strong case on your behalf and negotiate with insurance companies to secure the maximum compensation possible.
If you believe you may have a wrongful death claim, don’t hesitate to contact The Slocum Firm for a free consultation. Our attorneys will review your case and provide you with personalized advice. We are here to help you navigate this difficult time and fight for the justice you deserve.
What Constitutes a Wrongful Death?
A wrongful death occurs when someone dies due to the wrongful actions or negligence of another party. According to the Pennsylvania wrongful death law, this includes situations where the death occurred because of an unlawful act, negligence, or intentional harm. Family members can file a wrongful death lawsuit to seek compensation for their losses.
This may include medical bills, funeral expenses, burial costs, and emotional pain and suffering. A wrongful death lawyer can help you navigate this difficult process and recover damages for your family’s financial hardship.
Common Causes of Wrongful Death in Pennsylvania
Wrongful death cases in Pennsylvania arise from various causes. Some of the most common causes of wrongful deaths in Pennsylvania include:
- Medical Malpractice: Doctors, nurses, and other healthcare providers can be held responsible if their negligence leads to someone’s death.
- Car Accidents: Car accidents caused by a negligent party often result in tragic fatalities. You can file a wrongful death lawsuit if a loved one was killed in a crash due to someone else’s negligence.
- Workplace Accidents: Fatal accidents in dangerous workplaces, especially those involving heavy machinery, can give rise to workplace fatality claims under Pennsylvania law.
Each of these causes has unique legal elements, and experienced wrongful death attorneys can help prove negligence and hold the responsible party accountable.
Medical Malpractice and Wrongful Death
When medical professionals fail to meet the standard of care, it can lead to a patient’s death. Medical malpractice is a leading cause of wrongful death claims in Pennsylvania. If your loved one died due to misdiagnosis, surgical errors, or improper treatment, you may have grounds for a successful wrongful death lawsuit.
Pennsylvania wrongful death lawyers can assist in proving that the medical provider’s negligence directly caused the victim’s death and help you seek compensation for the financial burden of medical bills and funeral expenses.
Car Accidents Leading to Wrongful Death
In Pennsylvania, car accidents are another major cause of wrongful deaths. Whether the crash involved reckless driving, speeding, or driving under the influence, if someone’s negligence led to your loved one’s death, you may be able to recover compensation through a wrongful death action.
Our team of Pennsylvania wrongful death attorneys can help you file a wrongful death lawsuit and ensure that the negligent party’s insurance company provides maximum compensation for your loss.
Workplace Accidents and Wrongful Death
Workplace fatalities are especially tragic because they often occur due to unsafe conditions or negligent employers. If a loved one’s death occurred at work, such as in a construction or manufacturing accident, you may be entitled to compensation under Pennsylvania law.
Our wrongful death attorneys can guide you through the process of seeking damages for the deceased person’s estate, including funeral expenses, lost wages, and medical bills.
The Role of a Pennsylvania Wrongful Death Lawyer
Losing a loved one due to someone else’s negligence or intentional actions is devastating. At The Slocum Firm, we understand how overwhelming it can be to navigate the legal complexities that follow a loved one’s death.
This is where an experienced Pennsylvania wrongful death lawyer becomes essential. Our team is dedicated to helping you file a wrongful death claim and recover compensation for the emotional and financial burdens you face. Here are some of the ways PA our wrongful death lawyers can help you:
- Investigating the Case: Whether the death occurred due to a car accident, workplace fatality, or medical malpractice, your attorney will investigate the circumstances, collect evidence, and work to prove negligence or a wrongful act.
- Filing a Wrongful Death Lawsuit: Filing a wrongful death lawsuit in Pennsylvania requires adhering to strict legal guidelines. A knowledgeable wrongful death lawyer will ensure all documents are filed correctly and within the statute of limitations outlined in the Pennsylvania Wrongful Death Act.
- Negotiating with Insurance Companies: Dealing with an insurance company can be challenging. A skilled wrongful death attorney will negotiate on your behalf, seeking maximum compensation for funeral expenses, medical bills, and other damages.
- Representing You in Court: If negotiations fail to yield a fair settlement, a Pennsylvania wrongful death lawyer will represent you in court, striving for a successful outcome in your wrongful death case.
How a Lawyer Can Help You Navigate the Legal System
The legal process for wrongful death cases can be complex, especially when dealing with Pennsylvania-specific laws. A skilled wrongful death lawyer will help you understand the difference between a wrongful death action and a survival action, ensuring that you pursue all possible claims to recover damages.
Whether it’s proving the negligence of the person responsible or gathering evidence like medical records and witness statements, we are here to guide you through every step.
We’ll also help you calculate and seek damages for emotional pain, lost income, medical expenses incurred before the deceased person’s death, and any estate administration expenses. Our goal is to relieve your financial burden while you focus on healing.
Emotional Support and Guidance from Your Lawyer
Dealing with the death of a loved one is emotionally exhausting. We provide more than just legal representation — we offer compassionate support to help you through this difficult time. You can rely on us to provide clear communication, answer any questions you have about your wrongful death claim, and guide you through tough decisions.
Our team understands the emotional pain and financial impact of losing a loved one, and we’re committed to helping you recover damages so you can focus on your family.
Understanding Contingency Fees in Wrongful Death Cases
At The Slocum Firm, we are committed to making the legal process as accessible and stress-free as possible by working on a contingency fee basis. This means you won’t have to worry about any upfront legal fees, as we only get paid if we successfully recover compensation on your behalf. Our priority is to help you file a wrongful death lawsuit without adding to your financial burden during this difficult time. We understand that the loss of a loved one brings both emotional and economic challenges, and we are here to ease the legal process for you.
With a free consultation, our experienced wrongful death attorneys will listen to your concerns, explain your legal options, and outline how we can help you pursue justice and secure a successful outcome for your case. Rest assured, we will handle every aspect of your claim with dedication and compassion, allowing you to focus on healing while we fight for the compensation you deserve.
Who Can File a Wrongful Death Claim in Pennsylvania?
Under Pennsylvania law, a wrongful death claim can be filed by the personal representative of the deceased person’s estate. This representative is usually a close family member, such as a spouse, child, or parent.
If no personal representative is appointed within six months of the loved one’s death, any surviving family member may file a wrongful death claim on behalf of the estate. These claims seek to hold the person responsible for the victim’s death accountable, whether the death was caused by negligence or an intentional act, like unlawful violence.
If you’re dealing with the loss of a loved one, The Slocum Firm’s experienced wrongful death attorneys are here to guide you through the process. We understand that financial compensation can never replace your loved one, but it can help ease the financial burden caused by medical expenses, funeral expenses, and the emotional pain that follows a wrongful death.
The Statute of Limitations for Wrongful Death Claims
In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is two years from the date the death occurred.
This means that the personal representative or family members must file a wrongful death action within this time frame to ensure they can recover damages for their loss. Missing this deadline can result in losing the opportunity to seek maximum compensation.
The Legal Process for Wrongful Death Claims in Pennsylvania
Losing a loved one is devastating, especially when their death is caused by someone else’s negligence or wrongful act. At The Slocum Firm, we understand the emotional and financial burden this places on surviving family members.
Our experienced Pennsylvania wrongful death attorneys are here to help you through the complex legal process of filing a wrongful death claim and fighting for the compensation you deserve.
Steps Involved in Filing a Wrongful Death Claim
When you file a wrongful death claim in Pennsylvania, several legal steps are involved. At The Slocum Firm, we guide you through each stage to ensure you have the best chance of a successful wrongful death lawsuit.
- Step 1: Appoint a Personal Representative
Under Pennsylvania law, a wrongful death claim must be filed by a personal representative of the deceased person’s estate. This individual acts on behalf of the surviving family members and can be appointed by the court if no one is named in the deceased person’s will. - Step 2: Gather Evidence
Proving negligence or a wrongful act is essential to building a strong wrongful death case. We work with you to collect evidence such as medical records, police reports, witness statements, and any documentation of the financial impact, including medical expenses incurred and funeral expenses. - Step 3: File the Claim
Once the evidence is gathered, your Pennsylvania wrongful death lawyer will officially file the wrongful death claim with the court. This claim outlines the legal basis for the lawsuit, identifies the negligent party, and details the damages being sought on behalf of the deceased person’s family. - Step 4: Negotiate With Insurance Companies
In many wrongful death cases, insurance companies representing the negligent party will try to settle. Our wrongful death attorneys handle all communications with the insurance company to secure a fair settlement, allowing you to focus on your family’s emotional healing.
Preparing for a Wrongful Death Trial
Your wrongful death claim may proceed to trial if a settlement cannot be reached. Preparing for a wrongful death trial in Pennsylvania involves several important steps:
- Pre-Trial Discovery
During the discovery phase, both sides will exchange information and evidence. Our experienced wrongful death attorneys will ensure that all relevant documents and testimonies are presented to build a compelling case. - Court Proceedings
We represent you in court during the trial, presenting evidence and calling on expert witnesses to prove negligence or wrongful acts. We aim to secure maximum compensation for your family’s financial hardships, including funeral expenses, medical bills, and emotional pain.
Settling a Wrongful Death Claim Out of Court
Many wrongful death claims in Pennsylvania are settled before going to trial. At The Slocum Firm, we work diligently to negotiate a settlement that compensates you fairly without the stress of a lengthy court process. Settlements typically cover:
- Medical Expenses and Funeral Costs
Compensation for medical bills incurred before the victim’s death and funeral expenses, including burial costs. - Emotional and Financial Impact
Damages for the emotional pain, suffering, and financial burden caused by the death of your loved one. - Economic Damages
We help you recover damages for lost income, estate administration expenses, and other financial hardships resulting from your loved one’s death.
Compensation in Pennsylvania Wrongful Death Cases
When you file a wrongful death claim in Pennsylvania, you can seek economic and non-economic damages. These damages are meant to provide financial compensation to the surviving family members for the victim’s death and the impact it has on their lives.
Economic Damages
These cover tangible financial losses, including:
- Medical expenses incurred before the deceased person’s death, including hospital bills and costs related to their care.
- Funeral and burial expenses, covering death, funeral, and burial costs.
- Loss of the deceased person’s income includes compensation for the future wages your loved one would have earned had they lived.
- Estate administration expenses and legal costs can include fees related to managing the deceased person’s estate after their passing.
Non-Economic Damages
These damages address the emotional and psychological impact on the family:
- Emotional pain and suffering experienced by the surviving family members due to their loved one’s death.
- Loss of companionship, affection, and guidance that the deceased person would have provided to their family.
Factors Affecting Compensation Amounts
Several factors can influence the compensation you receive in a wrongful death case. While our Pennsylvania wrongful death lawyers will fight to maximize your recovery, the final compensation depends on:
- The circumstances of the death: Was the death caused by someone’s negligence, an intentional act, or unlawful violence? A wrongful act such as negligence or recklessness by a negligent party may result in higher compensation.
- The financial impact of the death: The loss of income, medical bills, and funeral expenses will be taken into account when determining your wrongful death damages.
- The relationship of the claimant to the deceased: The court considers how the death has affected family members emotionally and financially. Those who were financially dependent on the deceased person may receive greater compensation.
- Pennsylvania law: The state’s Wrongful Death Act outlines who can file a wrongful death lawsuit and what damages may be available. Under Pennsylvania law, the personal representative of the deceased person’s estate usually files the claim on behalf of the surviving family members.
How to Choose the Right Pennsylvania Wrongful Death Lawyer
When choosing a wrongful death lawyer to represent your case, you want someone experienced and compassionate. Here are some tips to help you in your search:
Experience with Wrongful Death Cases
Hiring an experienced wrongful death attorney who has handled similar cases under Pennsylvania law is crucial. Not all personal injury lawyers have the experience to successfully navigate wrongful death claims.
You need a lawyer familiar with the Pennsylvania Wrongful Death Act and skilled in dealing with complex legal procedures, especially if the case involves car accidents, medical negligence, or intentional acts of unlawful violence. Pennsylvania wrongful death lawyers and attorneys from across the state with proven success in wrongful death lawsuits can be invaluable to your case.
Client Testimonials and Case Results
Look for Pennsylvania wrongful death lawyers who can show successful outcomes in previous cases. Positive client reviews and demonstrated recoveries for surviving family members can give you confidence in a lawyer’s ability to recover damages for medical expenses, funeral costs, and emotional pain.
At The Slocum Firm, we prioritize transparency and are proud to share our successful case results with you during a free consultation.
Personalized Attention and Compassion
Your attorney should be someone who truly listens to your story. At The Slocum Firm, we understand that no two wrongful death cases are identical. We provide personalized legal representation that considers your family’s specific needs.
Whether you’re facing significant medical bills or estate administration expenses, we ensure that your voice is heard and you receive the maximum compensation available.
Clear Fee Structure
Hiring a wrongful death lawyer shouldn’t add financial hardship to your family. We offer a free consultation to discuss your wrongful death claim and work on a contingency basis, meaning you only pay if we win your case. This allows you to focus on recovering from your loved one’s death without worrying about upfront legal fees.
The Importance of Timely Action in Wrongful Death Cases
Pennsylvania wrongful death lawsuits must adhere to strict time limits. The statute of limitations for filing a wrongful death action in Pennsylvania is typically two years from the date of the victim’s death. If you fail to act within this period, you could lose your right to seek damages for funeral expenses, burial costs, and other financial losses. Timely action also helps preserve crucial evidence that can prove negligence in your wrongful death case.
At The Slocum Firm, we encourage you to take swift action. Our experienced wrongful death attorneys will help you gather evidence, communicate with insurance companies, and file the necessary legal paperwork so you can focus on healing.
Unique Challenges in Wrongful Death Cases
Wrongful death cases present unique challenges that make them more complex than other personal injury claims. When someone else’s negligence or intentional acts lead to the death of a loved one, it can be overwhelming for surviving family members to navigate the legal process.
At The Slocum Firm, we understand these challenges and work closely with you to help overcome them. Here are some common challenges in Pennsylvania wrongful death claims.
Proving Negligence or Intentional Acts
One of the most significant challenges in a wrongful death claim is proving that someone else’s negligence or intentional act caused the death. You need to show that the party responsible failed to exercise reasonable care, whether due to a car accident, workplace fatality, or another wrongful act.
This requires gathering substantial evidence to prove negligence, and that can involve complex legal strategies. Our experienced wrongful death attorneys help you collect the necessary documentation and evidence to build a strong case.
Identifying the Right Personal Representative
Under Pennsylvania law, a wrongful death claim must be filed by a personal representative of the deceased person’s estate. In some cases, identifying the right person to serve as the personal representative can be a challenge.
This individual is responsible for making legal decisions on behalf of the deceased person and their estate. If you’re unsure about this step, our experienced attorneys will guide you through the process to ensure the claim is filed correctly.
Navigating the Statute of Limitations
A wrongful death lawsuit in Pennsylvania must be filed within a specific timeframe, known as the statute of limitations. In Pennsylvania, this period is generally two years from the date of the victim’s death. You may lose your right to recover compensation if a claim is not filed within this window.
This deadline can place additional stress on grieving family members who are already dealing with the emotional and financial impact of a loved one’s death. Our Pennsylvania wrongful death lawyers can ensure that your claim is filed promptly to protect your rights.
Calculating Economic and Non-Economic Damages
In a wrongful death case, determining the appropriate amount of damages can be complicated. There are both economic damages—such as medical bills, funeral expenses, and lost future earnings—and non-economic damages, which include emotional pain and suffering.
Calculating these damages requires a thorough understanding of the law and often involves working with financial and medical experts. Our firm helps you seek maximum compensation for both economic and emotional losses.
Facing Opposition from Insurance Companies
Insurance companies often aggressively fight wrongful death lawsuits to minimize their financial liability. They may try to dispute the cause of death or downplay the financial impact on surviving family members.
Dealing with an insurance company during such a difficult time can feel overwhelming. However, with The Slocum Firm on your side, we handle these negotiations to ensure you receive the full compensation you deserve. We’ve successfully represented clients in claims where insurance companies initially denied or undervalued their cases.
Managing the Emotional and Financial Burden
The death of a loved one can take an enormous emotional toll on surviving family members, and pursuing a wrongful death action only adds to the burden. In addition to coping with grief, families often face significant financial hardship from medical expenses incurred before the death, funeral costs, and the loss of the deceased person’s income.
We strive to ease this burden by providing compassionate, knowledgeable legal representation throughout the entire process, and we offer a free consultation to discuss your case and how we can help.
Common Defenses Used by Defendants in a Wrongful Death Case
In wrongful death cases, defendants often raise specific defenses to avoid liability for someone’s death. Understanding these defenses is crucial when filing a wrongful death claim in Pennsylvania.
At The Slocum Firm, we are here to help you navigate the legal complexities and fight for the compensation you deserve after the wrongful death of a loved one. Below, we will discuss some of the most common defenses used by defendants in wrongful death lawsuits and how our experienced wrongful death attorneys can help counter them.
Assumption of Risk
One defense often raised in wrongful death cases is the assumption of risk. This means the deceased person knowingly engaged in an activity that carried inherent dangers, which may reduce the liability of the negligent party.
For example, in some workplace fatalities or recreational accidents, defendants may argue that the victim’s death resulted from the deceased person’s voluntary acceptance of a known risk. However, this defense doesn’t always hold up in court, especially if the person responsible for the death failed to provide reasonable safety measures.
Contributory or Comparative Negligence
In Pennsylvania, defendants in wrongful death lawsuits may also argue comparative negligence. This means they claim the deceased person was partly responsible for the accident or death.
Pennsylvania follows a comparative negligence rule, which allows a victim’s surviving family members to recover damages still. Still, their compensation may be reduced based on the deceased person’s level of responsibility. For instance, if the person responsible can prove that the deceased person was 40% at fault, the total amount of wrongful death damages awarded may be reduced by 40%.
Our Pennsylvania wrongful death lawyers can help you understand how this defense could impact your case and ensure that the blame is not unfairly placed on your loved one.
Lack of Causation
Another common defense is to claim that the death occurred due to causes unrelated to the negligent party’s actions. In these cases, defendants may argue that an independent event, pre-existing condition, or the deceased person’s health issues were the primary cause of death, not their wrongful act.
For example, in medical malpractice wrongful death claims, the defendant might argue that the deceased person’s health was already deteriorating due to other factors. To win a wrongful death lawsuit, it’s crucial to prove negligence and establish that the defendant’s actions directly caused the loved one’s death.
Statute of Limitations
In Pennsylvania, you have limited time to file a wrongful death action. Defendants may argue that the claim was filed after the statute of limitations expired.
Pennsylvania law typically requires wrongful death claims to be filed within two years of the deceased person’s death. At The Slocum Firm, we can help ensure your case is filed on time and protect you from this defense tactic.
Contact a Pennsylvania Wrongful Death Lawyer
At The Slocum Firm, we know that no amount of money can replace a loved one. However, filing a wrongful death claim can help relieve the financial impact and bring a sense of justice to surviving family members.
We offer a free consultation to discuss your legal options. Contact us at 570-209-7376 today. We will work tirelessly to pursue a successful outcome and help you recover the compensation your family deserves.
