South Philadelphia Wrongful Death LawyerRequest a Free Consultation
The unexpected and sudden loss of a loved one is always difficult for families, regardless of the circumstances. When the death occurs because of another’s negligence, it can be devastating.
A wrongful death is any act of negligence, recklessness, or unlawfulness that causes a person to sustain fatal injuries. Families can often file lawsuits after car accidents, medical malpractice, and intentional criminal acts leading to death. Call today to schedule an appointment with a compassionate South Philadelphia wrongful death claim lawyer if you need help with a case. A dedicated personal injury attorney could focus on the legal work while your family recovers.
Family Members With the Legal Right to Bring a Wrongful Death Lawsuit
Understanding who has the right to bring an action in a wrongful death case is essential. Under Pennsylvania Consolidated Statutes Annotated § 8301, only certain family members or beneficiaries may seek action to collect compensation after the death of a loved one. Those family members include spouses, children, and parents of the descendant. When eligible beneficiaries seek action, they may be eligible to recover compensation to cover the following:
- Medical care and hospital stays
- Lost earnings, benefits, and future earnings potential
- Estate administration expenses
- Reasonable funeral costs and burial expenses
- The loss of companionship, service, society, comfort, and guidance
When there are no eligible beneficiaries of the descendant, a personal representative of the estate may commence legal action. The representative may seek to recover damages for reasonable medical care, hospital stays, funeral costs, and administration damages the estate sustained due to the wrongful death and legal action. A wrongful death attorney in South Philadelphia could help determine eligibility and prepare the case to file with the civil court.
The Right to Begin Action in Wrongful Death Cases
Understanding the civil regulations for filing a wrongful death action is crucial to avoid delays or other problems during the process. According to Pennsylvania Consolidated Statutes Annotated § 8301, individuals have the legal right to seek action and file a wrongful death lawsuit when negligence or wrongful acts lead to death. When a person suffers severe injuries, files an injury claim for damages, and then passes away, the court will consolidate the injury claim and wrongful death suit.
Time Limit to File a Wrongful Death Case
A civil court statute of limitations for filing a wrongful death claim sets a strictly enforced expiration date for beginning legal action. Under Pennsylvania Consolidated Statutes Annotated § 5524, the beneficiaries or representative of the estate generally has two years to take action.
However, many factors could increase or decrease the time frame. A wrongful death lawyer in South Philadelphia could handle the legal work and ensure they file the case within the statute’s guidelines.
Call an Experienced South Philadelphia Wrongful Death Attorney
When you and your family are coping with the sudden loss of a loved one caused by negligence or intentional actions, legal work and court filings are likely the last thing on your mind. A seasoned South Philadelphia wrongful death lawyer could answer your questions and help navigate the civil court process.
They could take the legal work off your hands while you and your family grieve the loss of your family member. Call today to schedule a consultation if you have questions or need help preparing and filing a case.