Compensation might include funeral and burial expenses, medical expenses, loss of income and future income, benefit and future benefits losses, loss of companionship for the spouse and children, mental anguish, pain and suffering, etc. In cases where there are minor children, additional factors may include loss of love, affection, care, guidance, parenting, support and other services.
If the deceased experienced pain and suffering before his or her death, these damages may also be awarded. This is called a “survival action,” since the personal injury action survives the person who suffered the injury. The person entitled to bring the wrongful death action (i.e., spouse, children, personal representative) can bring such an action together with the wrongful death action.
When To Seek an Attorney if you Suspect Wrongful Death?
The sudden death of a family member from unanticipated causes is traumatic and devastating. Families are usually overwhelmed with the grief and hundreds of matters that need attention. Seeking compensation may be the last thing on the family’s mind. However, if your loved one’s death could have been prevented, it may be advisable to talk with a wrongful death attorney as soon as possible to preserve your rights. The sooner the death is investigated, the better the chances of your being successful in any claim you might want to pursue. Of course, no amount of compensation can make up to you for the loss of your loved one, but a monetary award may be able to help with some of the financial challenges you will be facing as a result of your loss.
Expert and Compassionate Counsel
If your loved one’s death could have been prevented, or was the result of negligence, malpractice or wrongful conduct, please call The Pearce Law Firm for a free wrongful death consultation. Edith Pearce is a caring and compassionate wrongful death attorney who can help guide you through the many challenges of this difficult time. She will be a passionate and persuasive advocate on you and your family’s behalf. Before representing the rights of wronged or injured people, Ms. Pearce spent over ten years working as an attorney for an insurance company and defense firm. She knows how to litigate wrongful death cases to get you full and fair compensation for your losses and suffering.
If there has been a wrongful death in your family, The Pearce Law Firm of Philadelphia will work diligently on your behalf to arrive at a timely settlement or proceed to trial to obtain the compensation you deserve.
Call us today for a FREE WRONGFUL DEATH CONSULTATION, or send us an instant e-mail.
We are dedicated to protecting your rights and obtaining full and fair compensation for you.
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If there has been a wrongful death in your family, and you have questions about a wrongful death or survival action call us today for a FREE WRONGFUL DEATH CONSULTATION, or send us an instant e-mail.
Additional Frequently Asked Questions
Who can Sue for a Wrongful Death Case?
In Pennsylvania, the law gives those close family members to the deceased the right to sue whomever negligently caused the victim’s death. The parent, child or spouse of the deceased living with him or her and/or dependant on the deceased all have a right to sue. Each individual makes a claim based on their own losses because of the death of their loved one.
Do I need an attorney for a wrongful death claim?
Pennsylvania law requires that a representative of the family (all those who have a wrongful death claim) files a wrongful death claim. This can be an attorney or the executive of the estate of the deceased. Each person with the right to sue will make their own individual claims for their personal losses, and it will be in the same wrongful death claim.
How long does it take to settle a wrongful death claim?
Once the process of a wrongful death claim begins, the representative of the family will put together a claim and submit it to the at-fault person or their insurance company. If they can come to an agreement, then the case can settle fairly quickly. However, if it doesn’t then a case will have to be filed with the court, and the process slows down. There is always a chance to settle right up to and even during a trial.