Wrongful Death Attorney
Leading Wrongful Death Attorneys based in Philadelphia
Wrongful deaths are a traumatic experience for those left behind by the deceased and a confusing time with many questions yet to be answered—all while attempting to make sense of the untimely passing. Facing both shock and sudden grief, surviving families are asked to carry the burden of settling the estate of their loved one, along with any pending insurance claims and other logistical loose ends related to the untimely death. But before gaining closure, those responsible must be held at fault for the loss of life.
What is a Wrongful Death?
In most states, wrongful death refers to a claim made by the decedent’s family when a person dies due to someone else’s negligence or illegal activity. The decedent’s beneficiaries can also bring a survival claim for the decedent’s pain and suffering before they died. Each state may define wrongful death in its own unique way.
For example, in Pennsylvania, wrongful death is when a person dies due to “the wrongful act or neglect or unlawful violence or negligence of another.” Common causes of wrongful death include birth injuries, medical malpractice, motor vehicle accidents, product defects, and work injuries.
How Do I Get a Wrongful Death Settlement?
The goal of a wrongful death lawsuit is to obtain a settlement that provides compensation to family members for the losses they have suffered or will incur in the future due to the preventable death. Generally, these damages are calculated from the time of death through that person’s expected life span, as if their injury or fatal accident had never happened.
The goal of a survival action, on the other hand, is similar in that it seeks compensation for expenses and losses caused directly by the action itself, including pain and suffering. Damages in survival action claims are calculated from the time of injury until death.
What Does Wrongful Death Compensation Include?
Compensation for surviving beneficiaries who file successful claims can include the following:
- The deceased’s pain and suffering;
- Medical bills related to the deceased’s fatal injury or illness;
- Funeral and burial fees;
- Missing financial support such as lost wages, payments toward housing, children’s education, health care, etc.;
- Lost companionship.
Need a Wrongful Death Lawyer? Contact Us Today
The time following the death of a loved one is a blur, but it is vitally important you contact our wrongful death attorneys immediately as critical evidence may exist that requires preservation. There are also deadlines—called statute of limitations—within which you must file a lawsuit.
To those struggling to get by during this unfortunate and tragic series of events, Joe Stampone and the capable and compassionate wrongful death lawyers of Stampone O’Brien Dilsheimer Holloway are here to lend a helping hand. Call us today.
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