The loss of a loved one is a difficult and traumatic experience. Family members not only grieve for the loss of the deceased’s love and companionship, but also face concerns about losing financial support and incurring expenses such as funeral costs.
When the negligence or wrongdoing of another person or entity such as a company causes a loved one’s death, it may be considered a wrongful death. In cases of wrongful death, the person(s) who suffer the loss of companionship and financial support are entitled to restitution. Affected family members can file lawsuit for wrongful death; an attorney in Bucks County can help.
Wrongful death claims can include medical malpractice, car accidents, faulty equipment or products, criminal acts, work-related deaths, excessive use of deadly force and any other type of fatality the actions of another person or entity causes.
Who is entitled to damages for wrongful death?
The surviving individuals financially or emotionally affected by the death of another person are entitled to bring a lawsuit against the party at fault. An individual will be the personal representative of the deceased who will bring the suit for the benefit of those entitled to damages. The following individuals may be entitled to damages in wrongful death lawsuits in Pennsylvania:
- Spouses: A spouse anticipates having the companionship and financial support of the other spouse. In cases of wrongful death, the surviving spouse may be entitled to compensation for loss of that companionship and support.
- Dependent Children: Losing a parent affects a child’s quality of life, both because of the love of that parent is stripped away, but also because the financial support of that parent is lost. Surviving children are often entitled to receive compensation for these losses.
- Parents: The loss of a child is devastating. While financial support is not usually a factor in these claims, the emotional suffering of the parent is the focus of the lawsuit.
- Other Family Members: In some cases, grandparents or other extended family members dependent on the deceased may suffer a loss as a result of the wrongful death.
Keep in mind that a survival action differs from a wrongful death case. The former refers to a claim filed on behalf of the deceased’s estate based on the deceased’s damages, like pain and suffering or medical bills incurred prior to death. The damages would be distributed as part of the estate according to the deceased’s will or estate distribution laws. Discuss these actions as well as cases of wrongful death with a lawyer in Bristol.
Who may be responsible for damages in a wrongful death claim?
The responsible party in a wrongful death case can be a company, government agency, individual or group of individuals. Cases can involve criminal acts such as robbery, assault or murder or can be based on negligent acts such as vehicular accidents, faulty manufacturing, property liability (slip and fall) or medical errors.
Examples of entities sued for wrongful death include, but are not limited to:
- a government agency for a faulty roadway that caused an accident;
- a driver who caused a fatal accident;
- an establishment that served alcohol to the drunk driver involved in an accident;
- a manufacturer that made a faulty piece of equipment that caused an accident; or
- a doctor or hospital responsible for a preventable death.
Cordisco & Saile LLC Wrongful Death Attorneys in Bristol Can Help
If you have lost a loved one due to the wrongful actions of another, Cordisco & Saile LLC in Newtown, Bucks County can help. Call a wrongful death attorney today at 215-642-2335 to set up a consultation to discuss your case with an attorney.