Truck drivers often make long trips transporting goods along Pennsylvania Route 313 and US Route 202 through Doylestown, as well as other major highways within the state. Unfortunately, some truckers engage in perilous behavior that puts others at risk. According to the Pennsylvania Department of Transportation, in 2011 there were 6,346 accidents involving large trucks in the state, 145 of which were fatal (12.2%).
If you lost a family member because of a trucking accident, you may be entitled to wrongful death compensation for damages like lost wages of the deceased, lost comfort or guidance, and other noneconomic damages. Damages for costs of medical care and funeral costs may also be recoverable.
What is a wrongful death suit?
A wrongful death suit is a lawsuit filed against a negligent party if negligence or misconduct by an individual or corporation resulted in the death of another person. In the case of a truck accident, the trucker and his or her employer, the trucking company, may be liable for damages. In other cases, other parties might be liable depending on the circumstances and cause of the accident.
Who can recover damages in a wrongful death suit?
Typically, those who may recover damages from a wrongful death suit are direct family members:
- parents;
- children; and
- spouses.
This is important, as wrongful death damages will hinge on the types of damages each party suffered, as well as the value of those damages.
Compensation for Lost Wages
If you are the spouse or a financial dependent of a person who has been killed in a truck accident death, you may be eligible to receive compensation for the deceased’s lost wages or other sources of income.
Compensation for Loss of Services
If the deceased performed services in the household that the family is now without, such as housekeeping, childcare, etc., then a wrongful death action may address the cost to replace these services. This, for example, might include the cost of childcare now that the deceased is unable to perform those duties.
Compensation for Non-economic Damages
Children of a deceased parent may seek compensation for lost parental guidance, and a spouse may seek compensation for lost comfort as well. Additionally, parents, children, and partners may be eligible to receive compensation based on mental anguish and emotional suffering.
Compensation for Medical and Funeral Expenses
If you’ve lost a loved one in a trucking accident and have been financially impaired by this death because of medical or funeral costs, you may be eligible to receive compensation to cover these costs.
Pain and suffering damages recovered in a survival action on behalf of the decedent may go to the estate where it will be divided. However, the estate may be subject to claims from creditors, while damages from a wrongful death suit may not.
If you have lost a family member in a trucking accident death in Doylestown, PA, enlist in the services of a legal professional who can assist you during this difficult time. The attorneys at Cordisco & Saile LLC can advise you on your rights and help you to begin filing a claim to pursue wrongful death compensation. Call us today at 215-642-2335.
