The hardest thing a person may ever have to deal with is the loss of a loved one. Even more tragic is if their loved one dies due to the negligence or carelessness of someone else. In the aftermath, families will be searching for answers and closure.
At Soloff & Zervanos Personal Injury Attorneys, we want to help. Our compassionate personal injury attorneys will sit with you and listen. We want to help investigate what happened so we can move to secure the compensation you deserve. When you need a Philadelphia wrongful death lawyer, call us today.
In order to understand how to proceed with your case, you should understand what wrongful death cases are. These cases arise when the careless, negligent, or reckless actions of a person or entity cause the death of another person. The family of the deceased, or that person’s estate, can bring a lawsuit against those responsible.
These cases are not easy, as it is highly unlikely the other side will readily admit to wrongdoing.
Today, we want to go over some of the most common causes of wrongful death. Please know that this is not a complete list, and you should always speak with a skilled attorney in Philadelphia when making decisions regarding your wrongful death case.
A wrongful death claim can be filed when a person dies due to the negligent, reckless, or intentional actions of another individual or entity. These cases often stem from car accidents, medical malpractice, unsafe premises, defective products, or workplace incidents. In Pennsylvania, the personal representative of the deceased’s estate typically brings the claim, often on behalf of surviving family members like a spouse, children, or parents. These lawsuits not only seek compensation but also help bring attention to the conditions or actions that caused the preventable death.
In Pennsylvania’s latest reporting year, there were more than 1,100 vehicle crash fatalities. Many of these were caused by extreme driver negligence or carelessness. 26% of all traffic fatalities were due to alcohol-impaired drivers. Other fatalities were caused by distracted drivers and those who violated posted speed limits.
Everyone deserves to work in a safe environment. It is vital that employers provide workers with the equipment and training necessary to do their jobs and not subject them to workplace injuries.
Even though there are strict laws in place to prevent manufacturers and stores from selling and making dangerous products, we know that product recalls happen all the time in the US. These products are often faulty due to a flawed design, a manufacturing error, or labeling issues.
Medical errors are the third leading cause of death in the United States, claiming the lives of around 250,000 people annually. There is a range of errors that medical professionals can make: diagnosing mistakes, anesthesia errors, birth injuries, medication errors, surgical errors, and more.
When an individual commits a crime and kills someone in the process, they can be held accountable both criminally by the state and civilly by the victim’s family.
Not every surviving family member has a right to obtain compensation. Pennsylvania law is rather strict about which family members have a right to bring a wrongful death action.
In our state, wrongful death claims must be filed by the personal representative of the decedent’s estate. In many cases, a specific family member is named as the executor in the Last Will and Testament left behind by the deceased.
But what happens when a person dies without a will? “In that case, a family member may volunteer to assume the rights and obligations of the personal representative or the court may appoint someone to assume that role,” explains our wrongful death lawyer in Philadelphia.
The personal representative, who brings a lawsuit on behalf of all eligible surviving family members, has six months after the death to pursue the lawsuit. Failure to do so entitles any beneficiary to file the lawsuit on behalf of himself or herself and all other eligible members of the family.
When determining the amount of wrongful death compensation to award the surviving family members, a court will review a plethora of key aspects ranging from calculating the damages and losses to deciding whether or not punitive damages should be awarded.
Typically, only an experienced wrongful death attorney in Philadelphia can accurately estimate how much your claim is worth and build a robust legal case by including testimony, expert witnesses, accident reconstruction, and other pieces of evidence to maximize the amount of compensation.
In Pennsylvania, the personal representative of the estate can file a wrongful death claim within two years from the date of the death. A court will not hear a wrongful death claim that was not brought within 24 months from the passing of your loved one.
However, a wrongful death attorney in Philadelphia may advise you on the ways to delay the time limit because some circumstances can entail a longer statute of limitations.
How long it will take to resolve your wrongful death case in Philadelphia depends on various factors involved in your case, including the strength of evidence provided and the defense strategy chosen by the defendant and their lawyer.
In some cases, the defendants are willing to settle wrongful death claims. In others, however, the only way to win the award or settlement is through a lawsuit, which can extend the length of the process.
In the aftermath of a wrongful death, grieving families are often unsure of what to do next. Obtaining the official death certificate is one of the first steps, followed by preserving any relevant evidence such as photographs, accident reports, witness statements, or medical records. If the cause of death is unclear or questionable, requesting an independent autopsy can provide crucial insights. Families should also be cautious when speaking to insurance companies. While they may seem helpful, their goal is to protect their bottom line. It is essential to avoid signing documents or accepting settlement offers before consulting with a lawyer who can evaluate the claim from a legal standpoint.
Families may be eligible to recover a wide range of damages in a wrongful death claim. Economic damages often include medical expenses incurred before death, as well as funeral and burial costs. The sudden loss of a household’s primary or partial income source can be financially devastating, so claims often account for the deceased’s expected future earnings and benefits. Non-economic damages are just as important and may include compensation for loss of companionship, guidance, and emotional support—referred to legally as loss of consortium. In cases involving gross negligence or intentional misconduct, punitive damages may also be awarded. These are not intended to compensate the family directly but to punish the responsible party and discourage similar conduct in the future.
One important distinction in Pennsylvania law is the lack of damage caps in most wrongful death claims. With the exception of cases involving government defendants, Pennsylvania does not limit the amount of compensation a jury can award. This means that the full extent of your family’s emotional and financial losses can be recognized and accounted for under the law. It also means that defendants and insurers may work harder to limit their liability—making strong legal representation all the more important.
Insurance companies are a major hurdle in many wrongful death claims. Their adjusters may offer lowball settlements early in the process or attempt to shift blame onto the deceased to minimize payouts. They may also use delay tactics or request excessive documentation to frustrate grieving families into accepting less than they deserve. A skilled wrongful death lawyer in Philadelphia knows these strategies and can shield you from direct interactions, build a compelling case based on solid evidence, and negotiate from a position of strength. If a fair settlement cannot be reached, your attorney is prepared to take the case to court.
No amount of compensation can bring back your loved one, but holding the responsible party accountable can bring some measure of justice. A wrongful death claim can also provide much-needed financial support to help your family move forward. If you believe your loved one’s death was preventable, reach out to a Philadelphia wrongful death attorney for a consultation. It is the first step toward protecting your rights, your future, and your peace of mind.
There is nothing easy about this. Dealing with the loss of a loved one is tough enough, but if another person’s negligence caused the death, you need answers. At Soloff & Zervanos Personal Injury Attorneys, we know that no amount of money will ease your pain, but it can help bring closure. We will work to ensure you receive:
Let us help you move forward when you need a Philadelphia wrongful death lawyer. You can contact us.
It can be extremely challenging to heal and “move on” when you lose a close family member. For many people, their lives are never going to be the same after the passing of their loved one.
Contrary to popular belief, pursuing a wrongful death claim is not opportunistic or money-obsessed. Rather, it is a way to punish the person or entity whose negligence, recklessness, or wrongdoing caused the loss of your loved one and a way to obtain the financial relief that family members may require to support themselves moving forward.
