Wrongful Death Attorney

Navigating the complexities of a wrongful death case, which arises when someone’s actions lead to the untimely demise of a loved one, is a crucial yet challenging process. The importance of hiring an experienced wrongful death attorney becomes evident as they guide you in seeking justice for your loss, acknowledging that no compensation can truly replace the absence of a loved one. Confronting the fact that the actions of another individual are responsible for such a tragedy adds an additional layer of emotional distress. By securing a wrongful death lawyer, you ensure that you have professional support in pursuing a claim, aiming to alleviate some financial burdens and allowing you and your family the space to grieve and heal.

Pennsylvania wrongful death attorneys play a vital role in helping families navigate the complexities of wrongful death claims, including securing compensation for medical expenses, funeral costs, and lost wages.

Have You Lost A Loved One Due To Someone Else’s Negligence? Have Questions? We Can Help, Tell Us What Happened.

As the bereaved in such a loss, you may feel powerless and not know what to do. The Bristol attorneys of Rubin, Glickman, Steinberg, and Gifford know exactly what can be done. Our Pennsylvania and wrongful death attorneys will do our best to make sure that the responsible parties pay.

Compensation for Wrongful Death in Pennsylvania

If you have suffered the loss of a loved one due to another party’s negligence, you have the right to hold the negligent party accountable for their actions. The death of a loved one can create extreme financial stress for a family. Hospital bills alone can easily rise into seven figures. Unexpected funeral expenses are often in the thousands. Just as financially disabling may be the loss of a family wage earner. Although no amount of money can truly compensate for the loss of a family member, a wrongful death suit can help relieve the financial stress associated with the accident and provide a feeling of justice for the bereaved. Pennsylvania wrongful death lawyers play a crucial role in securing compensation for families, helping them navigate the legal process to achieve fair compensation for their loss. A wrongful death monetary recovery case is meant to compensate surviving family members for the emotional and financial losses they have suffered as a result of another party’s negligence, including the following:

  • Medical bills
  • Funeral expenses
  • Lost wages or income
  • Emotional suffering
  • Loss of companionship and comfort

The talented attorneys of Rubin, Glickman, Steinberg, and Gifford will ensure all of your family’s losses are taken into account as we push for an appropriate settlement.

What is Wrongful Death?

In Pennsylvania, wrongful death occurs when a person’s death results from the wrongful act, neglect, unlawful violence, or negligence of another party. This can include a variety of situations, from accidental deaths due to negligence to intentional acts of violence. It is important to note that wrongful death is handled as a civil matter, separate from any related criminal charges. The purpose of a wrongful death claim is to secure compensation for the deceased’s family, helping to alleviate the financial and emotional burdens caused by the loss.

What Are the Common Causes of Wrongful Death Claims?

Wrongful death claims in Pennsylvania frequently arise from a variety of situations, each with its own unique circumstances:

  • Automobile Accidents: These are among the most common causes of wrongful death claims. They often involve negligence such as distracted driving, driving under the influence, or reckless driving. In many cases, the fatal accident could have been avoided if the responsible party had exercised proper caution.
  • Medical Malpractice: Claims can result from various forms of medical negligence, including diagnostic errors, surgical mistakes, or the failure to provide appropriate care. When a healthcare provider’s negligence leads to a patient’s death, the surviving family members may seek justice through a wrongful death claim.
  • Workplace Accidents: Particularly in high-risk industries like construction or manufacturing, accidents that result in death often occur due to unsafe working conditions, inadequate safety measures, or failure to adhere to safety regulations. Employers and third parties may be held liable in such cases.
  • Defective Products: Manufacturers may be held accountable if a defect in their product leads to fatal injuries. This includes cases where products were poorly designed, improperly manufactured, or lacked sufficient warnings about potential risks.
  • Criminal Acts: Intentional acts of violence, such as assaults or other criminal actions, can also result in wrongful death claims. While criminal cases focus on punishing the offender, wrongful death claims aim to provide compensation to the victim’s family.

What Are the Common Types of Wrongful Death Claims in Pennsylvania?

In Pennsylvania, wrongful death claims commonly involve a few specific types of incidents:

  • Car and Truck Accidents: These claims often involve pursuing compensation from negligent drivers who caused fatal crashes. In some cases, manufacturers of defective vehicles or vehicle parts may also be held liable if a defect contributed to the accident.
  • Medical Errors: Wrongful death claims frequently arise from medical negligence, where healthcare providers fail to meet the standard of care, resulting in a patient’s death. These claims can involve doctors, hospitals, and other medical professionals.
  • Construction Site Accidents: Claims in this category typically involve accidents on construction sites where safety standards were not properly enforced. Employers, contractors, or equipment manufacturers may be held responsible if their negligence led to the fatal incident.
  • Defective Products: When a product defect causes a fatal injury, the manufacturer, distributor, or retailer can be held liable through a wrongful death claim. These cases often require detailed investigations to determine how the defect contributed to the death.

Who Can File a Wrongful Death Lawsuit?

Under Pennsylvania law, the right to file a wrongful death lawsuit typically belongs to the personal representative of the deceased’s estate.

This individual is usually named in the deceased’s will or appointed by the court if no will exists. The personal representative acts on behalf of all beneficiaries to seek compensation for the losses incurred due to the wrongful death. If the personal representative does not initiate the lawsuit within six months of the death, any beneficiary of the estate, such as a spouse, child, or parent, may file the lawsuit instead.

This ensures that the rights of the family are protected and that the opportunity to seek justice is not lost.

What Compensation Is Available in Wrongful Death Cases?

Families of wrongful death victims in Pennsylvania may be entitled to various forms of compensation designed to address both financial and emotional losses:

  • Funeral and Burial Costs: These expenses cover the costs associated with laying the deceased to rest, including funeral services, burial, and other related expenses. The goal is to relieve the family of the financial burden of these necessary arrangements.
  • Loss of Income and Benefits: Compensation may include the wages and benefits that the deceased would have provided to their family. This covers both the immediate loss of income and the projected earnings the deceased would have contributed over their lifetime.
  • Loss of Companionship and Support: This form of compensation addresses the emotional and relational loss suffered by surviving family members. It includes the loss of guidance, companionship, and emotional support that the deceased would have provided.
  • Medical Expenses: Compensation may also be available for any medical costs incurred as a result of the injury or illness that led to the deceased’s death. This can include expenses for emergency care, hospital stays, and other related treatments.

What Steps Are Needed to Prove a Wrongful Death Case?

To successfully prove a wrongful death case in Pennsylvania, the plaintiff must take several important steps:

  • Prove Negligence or Intentional Harm: The plaintiff must demonstrate that the defendant acted negligently or with intent to cause harm. This requires showing that the defendant’s actions were outside the bounds of what a reasonable person would do in a similar situation.
  • Establish Causation: It is crucial to provide evidence that directly links the defendant’s actions to the death. The plaintiff must show that the defendant’s breach of duty was not just a contributing factor but the direct cause of the death.
  • Demonstrate Damages: The plaintiff must present detailed evidence of the financial and emotional impact of the death on surviving family members. This includes documentation of financial losses, emotional distress, and loss of companionship.
  • Collect Evidence: Gathering strong evidence is essential to support the claim. This may include medical records, accident reports, witness statements, and expert testimony. A well-documented case increases the likelihood of a successful outcome.

What Are the Filing Deadlines for Wrongful Death Lawsuits?

In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the deceased’s death. It is imperative to file within this timeframe to preserve the right to seek compensation.

Missing the deadline can result in the forfeiture of the right to bring a claim, leaving the family without legal recourse. Therefore, it is important for the family or the estate’s representative to act promptly and seek legal advice as soon as possible after the death.

What Damages Can Be Awarded in Pennsylvania Wrongful Death Cases?

Damages awarded in wrongful death cases in Pennsylvania can include both economic and non-economic losses:

  • Economic Damages: These damages cover quantifiable financial losses such as medical bills, funeral expenses, lost wages, and the loss of future earnings. Economic damages aim to provide financial stability to the family members who were dependent on the deceased’s income.
  • Non-Economic Damages: These damages address the more subjective aspects of loss, including pain and suffering, loss of companionship, and emotional distress experienced by surviving family members. These damages are meant to compensate for the profound personal impact of the death.
  • Punitive Damages: In cases of particularly egregious conduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future. However, punitive damages are less common in wrongful death cases and are subject to certain limitations under Pennsylvania law. Courts in Pennsylvania caution that punitive damages should maintain a reasonable ratio to compensatory damages, with awards beyond nine times the compensatory amount being potentially questionable.

Types of Wrongful Death Cases in Pennsylvania

In Pennsylvania, the types of fatalities that may be entitled to monetary wrongful death settlements include:

How Our Skilled Wrongful Death Lawyers Can Help You Seek Justice for Your Loss

As the bereaved of someone who has wrongfully died due to negligence or violence, you have legal rights. Any immediate family member, such as a spouse, child, parent, trustee, or executor of an estate may claim damages through a wrongful death lawsuit in a civil court or, if applicable, file a workers’ compensation claim.

For guidance through what will be a difficult, complex, and arduous process, talk to the wrongful death attorneys of Rubin, Glickman, Steinberg, & Gifford, P.C. We have over 65 years of experience representing individuals and estates and have won multi-millions for our clients in Lansdale, Colmar, Blue Bell, Skippack, Ambler, Doylestown, Quakertown, Holland, and throughout Southeastern Pennsylvania. At no upfront cost to you, here is what our team of Lansdale attorneys and support staff will do for you:

  • Meet with you to discuss your case
  • Evaluate if your case qualifies for a wrongful death lawsuit or claim
  • Estimate what your case may be worth
  • Determine who is responsible for the wrongful death
  • Handle all the attorneys involved
  • Hire and send investigators
  • Interview witnesses
  • Manage and coordinate the complex legal process
  • Deal with the confusing paperwork
  • File PA civil court lawsuits and claims
  • Fight hard for the maximum compensation allowed by law

We know you have enough to overcome, which is why the wrongful death lawyers at Rubin, Glickman, Steinberg, & Gifford, P.C., will never charge you a cent until we win your rightful compensation.

Rubin, Glickman, Steinberg, & Gifford, P.C., Is Ready to Assist You With a Wrongful Death Claim

For ease of stress and burden, let us respectfully and compassionately explain your legal rights after your family member’s wrongful death. Nobody deserves to pay the emotional or financial price of another person’s or company’s wrongful act in Pennsylvania. The team at Rubin, Glickman, Steinberg, & Gifford, P.C., is prepared to act as your guide through the complex legal matters of the personal injury system. 

Your initial meeting with us is free. To schedule an initial consultation at one of our offices in Newtown or Colmar, PA, you can call us directly at (215) 822-7575 or utilize our contact form. Our wrongful death lawyers serve clients throughout Montgomery County, including Norristown, and many more.