Philadelphia Wrongful Death Lawyer
Losing someone you love is an unspeakable tragedy, particularly when the death was sudden and unexpected. Sadly, fatal accidents are much more common than most people would like to think. From car crashes to medical errors, a single act of negligence can happen in a second and when it does, someone else may lose their life. As a loved one who survived the death, it is natural for you to feel shocked, angry, and devastated at the loss.
If you have lost someone as a result of someone else’s carelessness, you may be able to file a wrongful death claim. Although no amount of compensation can bring your loved one back, it can help secure the financial future for you and your family. Our Philadelphia wrongful death lawyer can help ensure you receive the full damages you deserve.
Who Can File a Wrongful Death Claim in Philadelphia?
Under the wrongful death statute in Pennsylvania, only the personal representative of the estate can file a wrongful death claim. Usually, this is a loved one appointed in the deceased’s will. If there is not a named personal representative in the estate plan, the court will appoint one. While the personal representative is the only person who can file a wrongful death claim, any damages awarded are distributed among the beneficiaries, such as the surviving spouse and children of the deceased.
The Statute of Limitations on Wrongful Death
Just like all personal injury cases, there is a statute of limitations on wrongful death claims. The statute of limitations is the time limit and in wrongful death cases, that time is only two years from the date of death. If the personal representative does not file within this time, the family will likely lose any right to claim any compensation at all, as insurance companies and the courts will usually dismiss the case.
Note that in wrongful death cases, the clock on the statute of limitations starts ticking on the day of the death and not the day of the accident. For example, a person may be involved in a car accident and sustain serious injuries. They may receive treatment in a hospital for several weeks before succumbing to their injuries. The personal representative would then have two years from the date of the death to file a claim.
Why Work with a Philadelphia Wrongful Death Lawyer?
Filing a wrongful death claim can become incredibly complex, so it is always advised that you work with an attorney. When working on your case, a lawyer will:
- Evaluate your case to determine its value
- Make sure all paperwork is filed correctly and on time
- Investigate your case, gather evidence, and interview witness
- Handle all legal procedures and court appearances
- Hire experts to determine how the death occurred, who was to blame, and provide testimony regarding how the loss will affect your life
- Handle communications with the insurance company and negotiate with the insurer for the fairest settlement
- Take your case to trial, if necessary
Our Wrongful Death Lawyer in Philadelphia Can Assist with Your Case
If you have lost someone you love due to another person’s negligence, our Philadelphia wrongful death lawyer at Ellenberg Law Group can help your family claim the full damages you are entitled to. Call us now at 215-790-1682 or contact us online to schedule a free consultation.