A Guide to Filing a Wrongful Death Lawsuit
The sudden loss of a loved one due to someone else's negligence is one of the most devastating experiences a family can endure. While no amount of money can replace a lost family member, a wrongful death lawsuit can provide the financial stability and sense of justice that surviving family members need to move forward.
Who Can File a Wrongful Death Claim?
In Pennsylvania, wrongful death actions can be brought by the personal representative of the deceased person's estate on behalf of the surviving spouse, children, or parents. In New Jersey, the executor or administrator of the estate brings the action. The specific rules vary by state, making it important to consult with an attorney who understands the laws in your jurisdiction.
Types of Compensation Available
Wrongful death claims typically allow recovery for funeral and burial expenses, loss of the deceased's expected income and benefits, loss of companionship and consortium, medical expenses incurred before death, and pain and suffering experienced by the deceased before passing.
The Legal Process
Filing a wrongful death lawsuit involves establishing that the defendant owed a duty of care to the deceased, that duty was breached, the breach directly caused the death, and the death resulted in measurable damages to the surviving family members. This requires comprehensive investigation, expert testimony, and meticulous legal preparation.
Statute of Limitations
In Pennsylvania, you generally have two years from the date of death to file a wrongful death lawsuit. In New Jersey, the deadline is also two years. Missing these deadlines can permanently bar your claim, so it's critical to consult with an attorney as soon as possible.
How Our Firm Helps Families
Our attorneys have secured millions in wrongful death cases, including a $7 million settlement in a prison suicide case that also resulted in significant policy changes. We understand the sensitivity these cases require and fight tirelessly to honor your loved one's memory while securing your family's financial future.
Need Legal Help?
If you or a loved one has been injured, contact our experienced trial lawyers for a free consultation.