Unexpectedly losing a loved one is difficult. But losing a family member due to someone else’s negligence or wrongful actions compounds your grief and the injustice you feel.

If another person or entity killed a close family member because of their carelessness, recklessness, or intentional misconduct, you could qualify to obtain compensation. But you need a DuBois wrongful death lawyer for help proving the other party caused your loved one’s death and pursuing compensation.

A knowledgeable personal injury attorney from Marcus & Mack could help you seek financial compensation from the at-fault parties and hold them accountable for your losses. Contact us today for a free consultation.

Get Caring, Compassionate Representation for Your Dubois Wrongful Death Claim

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At Marcus & Mack, caring for others is a cornerstone of practice.

Our attorneys share a common mission to help our clients during some of the most difficult times in their lives, and you can rely on us to:

  • Seek justice for you and your family
  • Provide all necessary support throughout the claims process
  • Act ethically and responsibly in handling your claim
  • Do all we can to help change your life for the better

We will treat you and your family with the utmost respect and dignity as we explain your options for seeking compensation and handle the claims process for you. We foster open communication with our clients, and we’ll keep you regularly updated as to the status of your case.

Since we work on a contingency fee basis, you won’t have to worry about the cost of hiring an attorney. We’ll represent you and fight hard on your behalf to improve your odds for a successful outcome without charging you anything upfront. We’ll only accept attorney fees if we win your case at trial or negotiate a fair settlement for you.

With more than 100 years of collective personal injury law experience, the attorneys at Marcus & Mack possess the skills and resources to handle your case effectively. We’ve received many top reviews from past clients as well as recognition from prominent legal organizations as being among the best personal injury attorneys in our region.

Discover how Marcus & Mack is the right choice for you and your family as you seek justice and compensation from the party responsible for your loved one’s death. Call us today at (724) 717-2137 or contact us online to request a free case evaluation.

Common Causes of Wrongful Deaths in DuBois

When another person’s negligence, failure to act, or purposeful actions cause the death of someone, certain surviving family members may have a basis for a wrongful death claim.

Common causes of wrongful deaths include:

  • Motor vehicle accidents, including car accidents, truck accidents, and motorcycle collisions, are leading causes of wrongful deaths. Negligent driving, speeding, impaired driving, and other factors contribute to fatal accidents.
  • Errors or negligence by healthcare professionals, such as doctors, nurses, or hospitals, can lead to wrongful deaths. Medical malpractice claims may arise from misdiagnosis, surgical mistakes, medication errors, or failure to provide appropriate care.
  • Fatal workplace accidents can occur due to hazardous conditions, lack of proper safety measures, or employer negligence. Industries such as construction, manufacturing, and transportation pose higher risks.
  • Wrongful deaths can result from the use of defective or dangerous products. This may involve manufacturing defects, design flaws, or inadequate warnings.
  • Wrongful deaths can occur due to dangerous conditions, such as slip and fall accidents, inadequate security, or structural defects.
  • Deaths resulting from criminal activities, including assault, robbery, or other violent crimes, may lead to wrongful death claims.
  • Wrongful deaths can occur in nursing homes or assisted living facilities due to neglect or abuse. Failure to provide proper care, medication errors, or physical abuse can contribute to fatalities.

Many other scenarios can cause wrongful deaths as well. An experienced DuBois personal injury attorney could conduct an independent investigation of the wrongful death to determine its cause and who may be responsible. After gathering strong evidence, lawyers could help families hold the at-fault party responsible for the untimely passing of their loved ones.

Who Can Pursue a Wrongful Death Action in DuBois?

DuBois Wrongful Death Lawyer

In DuBois, the right to pursue a wrongful death action is typically granted to specific statutory beneficiaries.

Under Pennsylvania law, the following people typically have the right to bring a wrongful death claim or lawsuit:

  • Spouse: The surviving spouse of the deceased person is typically the first in line to bring a wrongful death action.
  • Children: If there is no surviving spouse or if the surviving spouse chooses not to file a claim, the deceased person’s children may have the right to pursue a wrongful death action.
  • Parents: If there are no surviving spouses or children, the deceased person’s parents may have the right to file a wrongful death claim.

These individuals are the primary beneficiaries, and they may seek compensation for the financial and emotional losses resulting from the wrongful death of their loved one.

What Is a Survival Action in Pennsylvania?

In Pennsylvania, a survival action is a legal claim that allows the estate of a deceased person to pursue a lawsuit that the deceased person could have brought had they survived the incident that caused their injuries.

Unlike a wrongful death action, the deceased person’s estate brings a survival action to seek damages for the injuries and losses the deceased suffered before their death.

Key points regarding survival actions in Pennsylvania include:

  • Estate Representation: In a survival action, the personal representative or administrator of the deceased person’s estate typically brings the lawsuit on behalf of the estate. This individual is appointed by the court and represents the legal interests of the deceased person.
  • Recovery for Decedent’s Losses: The purpose of a survival action is to recover damages for the losses and injuries suffered by the deceased person before their death. This may include medical expenses, pain and suffering, and other damages that the deceased person would have been entitled to recover had they survived.
  • Separate from Wrongful Death Action: A survival action is distinct from a wrongful death action in Pennsylvania. While a wrongful death action seeks damages for the losses suffered by the surviving family members, a survival action focuses on the losses suffered by the deceased person.
  • Consolidation of Actions: In some cases, both a survival action and a wrongful death action may be pursued. These actions can be consolidated or brought together in the same lawsuit to address the full range of damages resulting from the wrongful conduct.

Whether you wish to bring a wrongful death action or survival action in Pennsylvania, you must speak with an experienced attorney as soon as possible. A lawyer can guide you on the most current laws and regulations and determine the best course of action for you to take.

How to Recover Damages for a Wrongful Death in DuBois

A plaintiff must prove certain elements in a case to recover damages. This requires proving that the defendant owed a legal duty to the victim, the defendant failed to act reasonably, and that failure was the proximate cause of damages.

Since only certain individuals may bring a wrongful death action, it’s imperative to work with a DuBois wrongful death attorney. A lawyer can determine if you have legal standing to bring an action, and they can assess the merits of your case and help you understand your rights and options.

Provided you may proceed with your claim, an attorney can assist by:

  • Collecting evidence that establishes the liability of the responsible party. This may include accident reports, medical records, witness statements, and any other relevant documentation.
  • Determining the damages you suffered as a result of the wrongful death. This can include medical expenses, funeral costs, loss of financial support, loss of companionship, and other economic and non-economic damages.
  • Filing a wrongful death lawsuit. The lawsuit will outline the details of the case, the damages you seek, and the legal basis for holding the defendant(s) responsible.

Many wrongful death cases are settled out of court through negotiations. Your attorney will negotiate with the defendants or their insurance companies to reach a fair settlement. In some cases, parties may opt for alternative dispute resolution methods such as mediation or arbitration to resolve the case without going to trial.

If a defendant or their insurance company refuses to offer a fair settlement, your attorney will prepare for trial. This involves further gathering of evidence, identifying witnesses, and developing a strong case strategy. At trial, your attorney will present your case to a judge and jury, arguing for the liability of the defendant and the compensation your family deserves.

Deadline for Beneficiaries to File a Wrongful Death Claim

In Pennsylvania, wrongful death claims are subject to strict deadlines, and failure to file within the time limit could cause the claim to be dismissed, regardless of its merits.

This deadline, the statute of limitations, typically requires that plaintiffs file the claim within two years of the accident. In rare circumstances, this deadline may extend if the plaintiff could not have reasonably known of the wrongful conduct.

If the deadline passes, the plaintiff loses legal recourse. DuBois families should seek the opinion of a seasoned wrongful death lawyer to determine the applicable deadline and the validity of their claim.

Consult a DuBois Wrongful Death Attorney Immediately

Headshot of Bryan S. Neiderhiser Personal Injury lawyer in DuBois

Bryan S. Neiderhiser Personal Injury Attorney in DuBois

A DuBois wrongful death lawyer from Marcus & Mack can help you and your family during this trying time. You can trust us to take an active interest in your case and remain with you throughout the litigation process to increase your chances of getting maximum compensation for your loss.

To speak with one of our DuBois wrongful death attorneys, contact us today to request a free consultation. Your needs are our priority, and we’re committed to doing all we can to help you get the compensation and justice you deserve.

Schedule a Free Initial Consultation Today!

Client Review

Friendly and Caring
N/A Marcus & Mack 12 West Long Ave. Suite 203 DuBois PA 15801 Phone: (724) 349-5602
When I had my accident Beverly took really great care of me. She is really friendly and caring. I felt extremely comfortable talking with her. She helped me out in my time of need and I recommend her to the highest degree. Thank you so much Beverly!
Rating: ★★★★★
5 / 5 stars

Come And Visit Our Offices

Marcus & Mack

Marcus & Mack
12 West Long Ave.
Suite 203

DuBois PA  15801