When a family member dies, surviving family members often are faced with a number of difficulties, ranging from emotional trauma to financial hardship. When the death of a family member is unexpected and sudden, the death can be even more difficult to process. If your family member has died as a result of the actions of another person – whether as a result of intention or negligence – the law provides you with the right to file a wrongful death claim for benefits.
Make sure you have legal representation when filing what can be a difficult legal claim in many cases. Call the wrongful death attorneys in Newtown from Cordisco & Saile LLC: 215-642-2335.
Situations that Allow for Filing a Wrongful Death Claim
You cannot file a wrongful death claim for benefits in all instances of death; rather, the death must have occurred as a result of “wrongful act or neglect or unlawful violence or negligence,” per Pennsylvania Title 42 Section 8301(a). That is, another party must be responsible for the individual’s death by negligence.
For example, if your loved one died while in a doctor’s care, you could not file a wrongful death claim if the doctor exercised a reasonable standard of care. If a doctor was negligent but that negligence did not actually lead to the patient’s death, you could not file a wrongful death claim. You must prove that another party was negligent and then connect that negligence to the decedent’s death.
Types of Wrongful Death Damages Available
Each individual wrongful death case will result in a different benefit amount for the deceased’s survivors. The types of benefits that a person filing a wrongful death suit for damages may be able to recover include the following.
- Funeral expenses
- Loss of support
- Loss of contributions
- Pecuniary value of services
- Loss of comfort
- Loss of services that would have been contributed to children had death not occurred
Meanwhile, family members may discuss filing a survival action with an attorney. This differs from a wrongful death action, as a survival action seeks damages the decedent suffered, while a wrongful death action seeks damages the survivors suffered.
A personal representative of the deceased will file a wrongful death action on behalf of a surviving spouse, parents, and children of the deceased. The personal representative can file the survival action on behalf of the estate, to be distributed per a will or per Pennsylvania law.
Contact Wrongful Death Lawyers in Newtown, Call Cordisco & Saile LLC!
If you are thinking about filing a wrongful death claim in Newtown, the first thing that you should be aware of is the statute of limitations, or time limit you have for filing. In Pennsylvania, the time limit for filing is two years from the time of death.
You should not attempt to file a claim for wrongful death benefits on your own. Your attorney can make sure you collect the right evidence, present your case to insurance companies or the courts, and help you fight for the damages you and your family are due.
This can be a stressful time for a lot of families as they grieve and attempt to deal with legal processes, so secure help from an attorney to alleviate some of the burden and to make sure the case is handled properly.
At Cordisco & Saile LLC, our attorneys are ready to fight to make sure that your lawsuit is successful, and that you and your family members are able to recover the amount of damages to which you’re entitled. To schedule a free case consultation, call our offices now at 215-642-2335. You can also contact us online.