You rightfully feel devastated if you have lost a loved one due to the negligence of another person. The emotional and financial tolls can be heartbreaking. If a negligent person caused the death of your loved one, a State College wrongful death lawyer could seek compensation for your loss. A compassionate personal injury attorney could walk you through each step of the process and answer any questions you may have.
Common Causes for Wrongful Deaths
Sometimes, intentional violent acts are committed, which can be prosecuted criminally but could also be the subject of civil lawsuits, although it can be challenging to find insurance coverage that would apply to intentional acts of violence. Wrongful death suits arise from a wide range of accidents that end in fatalities. These can include:
A family member can contact a Pennsylvania attorney family with wrongful death claims to help determine if a case is viable.
Pennsylvania law allows two types of civil claims in the event someone passes away from injuries caused by negligence or violent acts. A skilled wrongful death attorney in State College could help a claimant determine which claims can be filed.
What are Survival Laws?
Survival laws in Pennsylvania allow a deceased person’s estate to collect damages that the decedent would have been entitled to recover if he or she had not died. That is, the decedent’s claims, such as conscious pain and suffering, survive even after the death. These damages are determined from the time of the accident to the time of death. Only a personal representative or executor can file this type of lawsuit, the proceeds of which belong to the estate and are subject to inheritance tax laws and claims of the decedent’s creditors. Compensation in a survival action can be limited if the individual dies immediately at the accident site.
What are Wrongful Death Laws?
Wrongful death laws permit family members to recover for their own losses resulted from the death of a loved one, such as the loss of the decedent’s support, nurturing and comfort. An attorney can file a wrongful death action for the benefit of the deceased State College resident’s family members or dependents, regardless of where they reside.
Proceeds from any damages award are distributed to beneficiaries who are the next of kin. Beneficiaries in a wrongful death suit can also be awarded special damages to pay for the medical and funeral expenses incurred as a result of the negligent act that caused the death, including administration expenses. If the deceased does not leave beneficiaries, a personal representative may be able to recover damages for medical and funeral expenses.
In Pennsylvania, a plaintiff in a wrongful death or survival action has two years to file a lawsuit for compensation from the negligent or reckless party that caused the death. The laws are intricate, and a lawyer could help guide a grieving spouse, parent, or child through the legal procedures.
Schedule a Consultation with a State College Wrongful Death Lawyer
If your loved one died due to the negligence or violent act of another person in Pennsylvania, you might be able to recover compensation for your losses. A State College wrongful death lawyer could review your case by studying medical records, witness statements, police reports, and any other evidence that supports a claim. You do not have to face this alone. A dedicated attorney could advocate for you in court, alleviating the stress a lawsuit can cause so that you may grieve in peace for your loved one.