As the bills pile up after your loved one’s fatal accident, you are likely to have many questions about the financial implications of suddenly losing one of your family’s breadwinners. At GLS Injury Law, P.C., our attorneys take the time to listen to you and give you answers.
Wrongful Death FAQs
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Frequently Asked Questions
What is the statute of limitations for filing a wrongful death claim in Pennsylvania?
In most cases, you have only two years from the date of death to file a claim for wrongful death damages. If you miss the deadline, you forfeit your right to compensation.
Who can file a wrongful death action?
The personal representative of your loved one’s estate has legal standing to file a wrongful death claim. If she or he does not file suit within six months of your loved one’s death, you or another family member can do so.
How can our child’s rights be protected?
If your loved one’s child is a minor, the court is likely to appoint a guardian ad litem to protect the child’s interests.
What kinds of damages can be recovered in a wrongful death action?
Depending on the facts of your claim, you may be entitled to damages for:
- Funeral and burial
- Your loved one’s medical care, treatment and hospitalization
- Loss of your loved one’s lifetime income
- Lost benefits, such as pensions, health insurance and Social Security
- Loss of services, including home management, cleaning, cooking, landscaping, accounting, security and childrearing
- Loss of love, companionship, guidance, advice and support
- Your mental anguish and suffering
How are damages distributed in a wrongful death action?
The personal representative is responsible for recovering damages and distributing the money to the beneficiaries of the estate according to inheritance laws of Pennsylvania.
What do I need to prove to recover for wrongful death?
Your wrongful death claim is based on a personal injury cause of action, and so you must prove that the defendant was negligent and that this negligence caused the death.
What happens if my loved one already filed a personal injury lawsuit before dying of the injuries?
Your loved one’s personal injury lawsuit survives the death. As an heir, you should receive the damages recovered in the personal injury claim.
Should I accept the settlement the insurance company has offered me?
You should never accept a settlement offer before an experienced personal injury lawyer has reviewed it. Insurance companies push hard to get you to sign a settlement quickly, knowing that you are unlikely to accept their low-ball offer after you and your attorney have had time to evaluate it.
What should I do if my loved one died in a job-related accident?
Workplace fatalities should be thoroughly investigated to ensure that you receive all of the benefits you’re entitled to. The possible sources of compensation include workers compensation benefits, insurance payments and personal injury awards.
How can I afford to pay a lawyer to pursue my wrongful death claim?
We know that the period after a loved one’s death is difficult, both emotionally and financially. So our firm handles your claim on contingency, which means that you do not owe us any fees until you recover compensation. Contingency fees are based on a percentage of the amount recovered.
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