Indiana, PA Wrongful Death Attorneys

Losing a family member is heart-wrenching. It can be especially painful if the death happens unexpectedly in an accident. While no amount of money will lessen your pain, you may find comfort in seeking justice and compensation from those who caused your loved one’s wrongful death.

Contact an Indiana, PA, wrongful death lawyer from Marcus & Mack for a free and confidential consultation to discuss your legal options for financial recovery.

How Can Your Indiana Wrongful Death Lawyers Help Me?

Choosing a lawyer from Marcus & Mack for your wrongful death claim can offer several significant advantages. Here are some ways we can assist you:

Experience

Our team of attorneys has experience handling wrongful death cases. We have a deep understanding of the legal complexities involved in such claims and can navigate the process effectively on your behalf.

Track Record of Success

Our firm has a proven track record of success in securing favorable outcomes for clients in personal injury claims, including wrongful death cases. Our past successes demonstrate our ability to achieve results and obtain fair compensation for our clients.

Personalized Attention

Our firm is known for providing personalized attention and dedicated support to each client. We understand the sensitive nature of wrongful death cases and will work closely with you to understand your needs and goals, providing compassionate guidance every step of the way.

Resources

With access to extensive resources and a network of experts, our lawyers can thoroughly investigate your case, gather evidence, and build a strong legal strategy to maximize your chances of success.

Reputation

Marcus & Mack has earned a reputation for excellence in the legal community. Our commitment to integrity, professionalism, and client advocacy sets us apart as a trusted choice for those seeking representation in wrongful death claims.

What Is a Wrongful Death?

Wrongful death refers to a legal concept wherein a person dies due to the negligence, recklessness, or intentional actions of another party. Essentially, it is a death that occurs as a result of someone else’s wrongful conduct.

Wrongful death can arise from various situations, including:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Workplace accidents
• Slip and fall accidents

A wrongful death claim is a civil lawsuit filed by the surviving family members or beneficiaries of the deceased individual against the party or parties responsible for the death. The purpose of a wrongful death claim is to seek financial compensation for the losses suffered by the survivors as a result of the death. These losses may include medical expenses, funeral and burial costs, lost income, loss of companionship, and emotional distress.

Do I Have a Wrongful Death Case?

Personal injury claims, including wrongful death claims, frequently hinge on the concept of negligence. Negligence refers to the failure to exercise reasonable care under the circumstances, resulting in harm or injury to another person. In essence, negligence occurs when someone acts in a way that a reasonably prudent person would not in similar circumstances, thereby causing harm to someone else.

To have a successful wrongful death claim based on negligence, you must establish:

1. Duty of Care: The first element involves demonstrating that the defendant owed a duty of care to the deceased individual. This duty of care is a legal obligation to act reasonably and avoid causing harm to others. For instance, drivers have a duty to operate their vehicles safely to prevent accidents.
2. Breach of Duty: The second element requires showing that the defendant breached the duty of care owed to the deceased. This breach occurs when the defendant’s actions or omissions fall short of the standard of care expected in a given situation. For example, a driver who runs a red light breaches their duty of care to other motorists and pedestrians.
3. Causation: The third element is causation, which involves establishing a direct link between the defendant’s breach of duty and the death of the individual. This means demonstrating that the defendant’s negligent actions or failures directly led to the fatal injury. For instance, proving that a distracted driver caused a fatal car accident by rear-ending another vehicle.
4. Damages: Finally, the fourth element requires showing that the death resulted in compensable damages for the surviving family members. These damages may include economic losses such as medical expenses, funeral costs, and lost income, as well as non-economic losses such as loss of companionship, guidance, and emotional distress.

To succeed in a wrongful death claim based on negligence, plaintiffs must establish all four elements of negligence.

Wrongful Death Claims and Survival Actions in Indiana, PA

Family members of the deceased have the option to pursue damages resulting from an accident through two distinct legal avenues: wrongful death claims and survival actions. Initially, the estate administrator, usually a close relative of the deceased, can initiate a wrongful death claim on behalf of the estate’s beneficiaries.

This is contingent upon the deceased leaving behind a will designating an estate executor, or the court appointing an eligible individual as administrator.

In the event that the personal representative fails to file a claim within six months of the death, any beneficiary of the estate retains the right to file a claim on behalf of all beneficiaries.

A wrongful death claim primarily focuses on the losses suffered by the immediate family members of the deceased, such as the loss of income and support for surviving spouses, children, and parents.

Additionally, Pennsylvania law empowers the estate administrator to pursue a survival action against negligent parties responsible for the untimely death of the accident victim.

In a survival action, the estate seeks compensation for the losses that the deceased would have been entitled to had they survived, encompassing pain and suffering from the date of their accident until their passing.

What Compensation is Available in a Wrongful Death Claim?

Financial compensation (damages) in wrongful death lawsuits typically falls into two main categories. The first category involves damages allocated to the estate, intended to cover losses incurred by the deceased during their final illness and subsequent passing.

These damages may encompass:

• Medical expenses accrued during the final illness;
• Funeral and burial costs;
• Expenses related to estate administration;
• Lost income during the final illness and death; and
• Pain and suffering experienced prior to death.

As these damages are granted to the estate, they are subject to estate taxes.

The second category of damages aims to compensate surviving family members directly for their losses. These damages, awarded to beneficiaries, are typically tax-exempt and may include:

• Loss of household services previously provided by the deceased;
• Loss of care, companionship, guidance, and comfort;
• Loss of financial support; and
• Emotional distress stemming from the death.

An experienced wrongful death attorney in Indiana, PA, can assist you and your family in pursuing comprehensive compensation to help you move forward following the loss of your loved one.

Is there a Deadline for Filing a Wrongful Death Claim in Indiana, PA?

While seeking legal counsel might not be your immediate priority during this challenging period, it’s crucial to understand the time constraints associated with wrongful death claims. Pennsylvania law requires that estate executors initiate wrongful death claims within two years of the individual’s passing.

Failure to file a wrongful death and survival action within the statute of limitations can result in the loss of the opportunity to pursue compensation through the court. Therefore, consulting a legal professional sooner rather than later could prove beneficial in securing the financial compensation you rightfully deserve from your wrongful death claim.

Contact the Indiana, PA Wrongful Death Lawyers at Marcus & Mack Today

Robert S. Marcus Personal Injury Attorney in Indiana

Wrongful death cases often involve intense emotions. While compensation won’t take away your grief, seeking justice on your loved one’s behalf through a wrongful death claim or survival action may provide comfort and ease some of the financial burden for you and your family.

Contact the experienced wrongful death lawyers at Marcus & Mack today at (724) 349-5602 or through our online form for a free and confidential consultation. Let us handle your case and provide you and your family with peace of mind during this difficult time.

Schedule a Free Initial Consultation Today!