If you’ve paid for your loved one’s medical bills after death in a car accident, you may be able to recover these damages in a wrongful death lawsuit. To start at the beginning, all drivers in Bensalem, PA are required to carry medical benefits insurance in an amount of no less than $5,000.
In the event that a person in involved in a fatal accident but needed medical care prior to death, his or her insurance policy may pay for these damages up to his/her coverage amount. In some cases, health insurance coverage will also cover costs. Sometimes, though, both health insurance and medical benefits car insurance aren’t enough to fully cover expenses.
Can I recover medical expenses in a wrongful death lawsuit?
The state of Pennsylvania allows the personal representative of the deceased to file a wrongful death action in the event that a wrongful or malicious act by another person caused the death. One type of damage that the surviving family member can receive in a wrongful death action, amongst others, is compensation for medical expenses incurred as a direct result of the accident up until the point of death.
What will I have to prove to recover damages?
Filing a wrongful death action isn’t as simple as just presenting receipts and asking for compensation; rather, the plaintiff in a wrongful death lawsuit must prove the negligence of the at-fault party. What’s more, you must establish the extent of damages suffered by the deceased and yourself (monetarily or mentally).
To prove the extent of damages one may utilize the following.
- Medical bills
- Doctors’ and healthcare professionals’ testimonies (to establish degree of injury and that the injury was not independent of the accident)
- Copies of bills/receipts of medical expenses
Is there a time limit for filing a claim?
If you have suffered financial losses in the form of medical expenses after the fatal accident of a loved one and you want to file a wrongful death suit for recovery, you must do so within the state’s statute of limitations. In Pennsylvania, the statute of limitations is two years under Pennsylvania Code Section 55224.
Additionally, if you are pursuing a wrongful death claim as follow-up to a claim for damages that your loved one was part of while alive, that claim for damages from an auto accident will also have to have been filed within two years.
Where can I learn more about wrongful death law?
There’s a lot to know about wrongful death law. To ensure that you have the right information when filing your claim in Bensalem, PA, call the attorneys at Cordisco & Saile LLC today. You can reach our offices to learn more about wrongful death law and medical bill recovery at 215-642-2335.