Losing a loved one is always painful, but it can be especially heartbreaking if his or her untimely passing was caused by another person’s careless or reckless actions. While money cannot bring your loved one back, it could provide much needed assistance, especially if the deceased was the primary source of income.
If you lost a loved one due to another’s negligence, consider speaking with a Cambria County wrongful death lawyer. A compassionate personal injury attorney understands the pain you are going through and could guide you toward a positive resolution.
Potential Causes of Someone’s Wrongful Passing
A wrongful death lawsuit may be available to the spouse, children, or parents of a decedent to compensate for the loss of their loved one. This type of civil action might be possible in any situation in which someone acted negligently or intentionally and that resulted in another’s death.
Vehicle wrecks, workplace accidents, and medical malpractice all may result from negligence. Criminal acts, or actions that demonstrate a reckless disregard for the safety of others, may also give rise to wrongful death actions. The family must file a wrongful death action within two years of the decedent’s death with the help of a local attorney.
What Damages Can the Deceased’s Family Recover?
Wrongful Death Actions
Wrongful death actions serve to allow the remaining beneficiaries to make a recovery for :
- Expenses related to caring for the decedent after his or her injury
- Decedent’s lost earning capacity, to the extent the plaintiff depended upon the decedent’s earnings
- Loss of the decedent’s companionship
The Administrator of the decedent’s estate may also be able to bring a Survival claim which provides for the recovery of different types of damages stemming from the decedent’s untimely passing. In survival actions, a claimant seeks damages for all the losses the deceased could have claimed he or she had lived. These include the decedent’s medical expenses, pain and suffering, lost earnings, and mental anguish.
The representative of the decedent’s estate must bring a survival action, but the decedent’s beneficiaries receive any damages the court awards. The plaintiff has two years of the fatal accident to bring a survival lawsuit.
Seek Guidance from a Cambria County Wrongful Death Attorney
Knowing how to move forward after losing a loved one is challenging. It could be even more difficult if the deceased was a source of financial support, leaving you wondering how to make ends meet without them.