The wrongful death of a loved one is often accidental or unexpected, leaving family members with emotional grief, financial concerns, and many unanswered questions about the future. If your family member has suffered a wrongful death, it is essential to consult an experienced wrongful death attorney in Pittsburgh, PA, to help answer your questions and ensure that you receive the financial compensation that you rightfully deserve. Read on to get the answers to some frequently asked questions about wrongful death claims. What Is a Wrongful Death Claim? A wrongful death claim is a legal action taken against an individual or entity responsible for the intentional, reckless, or negligent death of another person. This civil action allows family members of the deceased to obtain compensation for emotional and financial losses associated with the wrongful death. Who Can File a Wrongful Death Claim? Wrongful death claims are typically filed by the designated executor of the deceased’s estate. The executor may include a surviving family member such as a spouse, child, or parent or a designated beneficiary. Awards from the lawsuit are most commonly distributed to the closest living relatives of the deceased. What Are the Grounds for Filing a Wrongful Death Claim? In order to file a wrongful death lawsuit, family members must be able to prove that the deceased’s death occurred due to the deliberate, reckless, or negligent action of the defendant and that they have suffered monetary losses as a result of the death. Some of the most common grounds for wrongful death claims include occupational accidents, drunk or reckless driving, defective or unsafe products, transportation accidents, medical malpractice, or criminal behavior. What Is a Wrongful Death Case Worth? The monetary value of a wrongful death claim is determined by analyzing several different factors including monetary damages, percentage of fault of the responsible party, and the pain and suffering of the surviving family members. Surviving family members may be entitled to receive compensation for any of the following losses: • Hospital and medical expenses • Funeral and burial expenses • Loss of future earnings and inheritance • Loss of medical and pension benefits • Loss of companionship • Emotional pain and suffering • Estate administration expenses • Punitive damages How Long Will My Case Take? The length of time it takes to settle a wrongful death claim can vary from case to case depending upon the situation and whether or not the case goes to trial. While many wrongful death claims are settled out of court, others may necessitate a trial to ensure the best possible result. Having your case well documented with the following information can help prove your case and speed up the legal process: • Police report • Personal injury report • Medical records and bills • Employment record and tax documents • Auto repair receipts • Defective product receipt What If I Can’t Afford to Hire an Attorney? Most wrongful death attorneys work on a contingency fee basis, meaning that they are only paid if the client receives a settlement or award. Wrongful death attorneys typically charge a pre-determined percentage of the total settlement amount plus any out-of-pocket expenses. This type of fee arrangement allows family members to file a lawsuit without any upfront legal costs. How Long Do I Have to File a Wrongful Death Lawsuit? Like most states, Pennsylvania has a time limit, or “statute of limitations, on personal injury and wrongful death claims. In Pennsylvania, a wrongful death claim must be filed within 2 years of the death. However, certain events may affect how the statute of limitations applies to a particular case, so it is important to consult an experienced wrongful death attorney in Pittsburgh, PA, to discuss the time restrictions of your specific case.
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