Wrongful Death Claims in Philadelphia

In Philadelphia, a wrongful death is considered to have occurred when an individual’s death is the result of another party’s negligence, recklessness, or deliberate wrongdoing. Common scenarios include fatal accidents (automobile, workplace, or public space accidents), medical malpractice, and criminal acts. The essence of a wrongful death claim is to hold the responsible party accountable for their actions that led to the loss of life.

Who Can File a Wrongful Death Claim in Philadelphia?

Under Pennsylvania law, the right to file a wrongful death claim is reserved for the deceased’s immediate family members, which primarily includes spouses, children, and parents. The claim is usually filed by the executor or administrator of the deceased’s estate, acting on behalf of the eligible family members. The purpose of these claims is not only to seek justice for the untimely death but also to secure financial stability for the dependents left behind.

Types of Damages Recoverable in a Wrongful Death Claim

The damages in a wrongful death claim are designed to compensate the family for the financial and emotional loss suffered due to their loved one’s death. These damages can be broadly categorized into economic and non-economic damages:

Economic Damages

These are tangible losses that have a specific monetary value associated with them. They include:

– Medical and Funeral Expenses: Costs incurred for the deceased’s final medical care and funeral services.

– Loss of Income and Benefits: The financial support the deceased would have provided to their family had they lived, including future earnings, benefits, and retirement savings.

– Estate Administration Costs: Expenses related to managing and settling the deceased’s estate.

Non-Economic Damages

These damages compensate for the intangible losses suffered by the family, which are more difficult to quantify:

– Pain and Suffering: Compensation for the emotional distress and mental anguish experienced by the family due to the loss.

Loss of Companionship and Consortium: This is a recognition of the loss of the love, companionship, comfort, and guidance the deceased would have provided.

The Legal Process

Filing a wrongful death claim in Philadelphia involves navigating complex legal procedures and adhering to strict deadlines. The statute of limitations for wrongful death claims in Pennsylvania is generally two years from the date of death. Failing to file within this period can result in the loss of the right to seek compensation.

Given the complexities involved, seeking the assistance of an experienced wrongful death attorney is crucial. A skilled lawyer can provide invaluable support by:

– Investigating the Circumstances: Gathering evidence to establish liability and the extent of damages.

– Navigating Legal Procedures: Ensuring compliance with all legal requirements and deadlines.

– Negotiating with Insurance Companies: Advocating on behalf of the family to secure a fair settlement.

– Litigating the Case: Representing the family in court, if necessary, to fight for the compensation they deserve.

Contact The Villari Firm

Dealing with a wrongful death claim can be emotionally taxing and legally challenging. The Villari Firm, with its deep understanding of wrongful death laws in Philadelphia and a compassionate approach to client representation, stands ready to guide families through this difficult time. Our commitment is to ensure that families receive the closure and financial support they need to begin the healing process.

While no amount of compensation can replace the loss of a loved one, a wrongful death claim can provide a sense of justice and financial security for the bereaved family. Understanding your rights and the legal avenues available is the first step towards holding the responsible parties accountable. With the right legal support, families can navigate the complexities of wrongful death claims in Philadelphia and seek the compensation they are rightfully owed.

Source:

legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=55&sctn=24&subsctn=0