Wrongful death refers to a situation in which a person is killed due to someone else’s negligence. For example, if you or a family member were to be killed in a Bucks County auto accident caused by a drunk driver in Levittown or caused by the recklessness of a driver who runs a red light on Street Road in Warminster or involves you in a fatal head-on collision on I-95 in Bensalem, a wrongful death lawsuit may be justified. There must be evidence of negligence or misconduct in order to pursue a Pennsylvania wrongful death case.
Who files the Pennsylvania wrongful death lawsuit?
The person killed in an accident is the decedent. However, a wrongful death lawsuit is filed for recovery of losses suffered by the decedent’s beneficiaries and not for the injuries, pain and suffering sustained by the decedent.
The party who is entitled by PA law to file a wrongful death suit is the decedent’s personal representative, more commonly known as the executor or executrix of the decedent’s estate.
If a wrongful death action has not been commenced within six months of death, the surviving spouse, the decedent’s parent or guardian, or children of the decedent are at liberty to file suit.
Who is eligible to recover damages in a PA wrongful death lawsuit?
The purpose of a wrongful death action is to benefit the family members (direct dependents) who have suffered losses, both emotional and financial, due to the decedent’s passing. The PA wrongful death statute allows the decedent’s survivors, which includes and is limited to, a spouse, children, or the decedent’s parents, to seek compensation.
What are some of the damages that may be sought in PA wrongful death cases?
1.Loss of the decedent’s income, which provided financial support to his or her spouse and children.
2.Decedent’s medical expenses, including hospital and nursing care, as well as special medical equipment.
or devices necessitated by accident injuries.
3.Decedent’s funeral expenses.
4.Estate Administration Expenses.
Where to turn when faced with the loss of a loved one and family provider
Losing a family member as a result of a fatal car accident, motorcycle accident, or pedestrian accident is tragic. Unfortunately, in addition to your loss of a loved one, the reality is that you are likely faced with a diminished family income coupled with a huge pile of medical bills – all because of someone else’s negligence.
Only an experienced, aggressive fatal accident injury lawyer can be entrusted with ensuring your family’s future well-being. There are many factors that go into determining what a decedent’s survivors truly lost with regard to decedent’s earning potential, his or her ability provide shelter, food, clothing, medical care, recreation, and educational opportunities. Contact the Bucks County injury attorneys at Cordisco & Saile LLC to discuss your wrongful death case. Choose to be compensated for you losses instead of just plain lost.