It can be difficult to accept the sudden and unexpecting death of a close family member. These challenges can seem even more significant after learning their passing was due to another person’s negligence. A wrongful death lawsuit could provide you with a measure of justice after this traumatic loss.
When you are considering legal action, a respected personal injury attorney might be able to help. From investigating your claim to advising you on legal questions, a King of Prussia wrongful death lawyer could serve as your advocate during every stage of your lawsuit.
Before a lawsuit can be filed, it is important to understand the definition of a wrongful death, because not every loss of life will result in a viable claim for compensation. These cases are limited to losses resulting from wrongful acts, neglect, negligence, or unlawful violence.
There are many examples of situations that could make for a viable claim. Some of the most common examples include deaths that stem from:
In many ways, these cases are like personal injury lawsuits on behalf of the deceased. Had they survived their injuries, they would have had the option to file their own legal action.
It is worth noting that these situations can sometimes result from criminal acts. It is possible to pursue a claim even when the state has opted to prosecute the offender. In fact, these cases could run at the same time in some circumstances.
The law is clear on the right file a wrongful death action. While an unexpected passing can impact a wide range of people, not everyone has standing to pursue legal action. A King of Prussia or Malvern attorney could advise someone on when a wrongful death claim might be an option.
In Pennsylvania, the right to pursue a wrongful death action is initially limited to the executor of the decedent’s estate. This person is appointed by the court to handle their affairs following their death. In addition to filing any legal claim, the executor is tasked with distributing the decedent’s assets and paying their tax obligations.
However, certain surviving beneficiaries could have the right to move forward with their own case if the executor fails to act. If six months pass without a lawsuit being filed, any of the beneficiaries of the estate have the right to move forward on their own. Alternatively, multiple parties could join together to seek damages.
Just like with other lawsuits, there are deadlines that apply to wrongful death actions. This deadline—commonly referred to as the statute of limitations—is one of the major pitfalls that could derail a plaintiff’s financial recovery.
According to the law, a case must be filed within two years of the decedent’s passing. This deadline is strictly enforced, and any possibility of recovering damages could be lost if a case is filed too late. A judge could dismiss a case forever if the statute is violated. A King of Prussia lawyer keeps close tabs on the wrongful death lawsuit deadline so no one misses out on their compensation.
If your loved one passed away due to the actions of another person, you might have the right to seek justice. A civil lawsuit could pay for their death and burial expenses while also holding the at-fault party accountable.
Let a King of Prussia wrongful death lawyer like Dan Doyle answer your questions during this difficult time. Call today to get started with a free consult.
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