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Wrongful Death

A wrongful death claim is a suit that arises from the death of an individual that was caused by the conduct of another. When a loved one is wrongfully killed, it is a devastating time for the family. Not only is there the mental anguish associated with the death, but there are often medical, hospital and funeral expenses which must be addressed.

A wrongful death suit is different from other types of personal injury claims because the actual victim (the "decedent") is not bringing the suit; rather it is the family members of the decedent's estate. Most wrongful death claims are filed in order to recover damages for the injuries that the surviving families have suffered do to the death of the victim.

For hundreds of years, wrongful death laws did not exist in our country. Under common law, any right to a personal injury claim was lost when the injured individual passed. To correct this injustice, individual states have enacted wrongful death statutes. Haggerty & Silverman's Pennsylvania Wrongful Death Lawyers are experts who specialize in Pennsylvania law pertaining to wrongful death litigation. If you are the legal representative of the estate of a person killed in Pennsylvania then you can file a Pennsylvania wrongful death claim and sue the responsible parties. Because each state has enacted statutes independent of one another, the laws in each state vary.

Damages in wrongful death cases are intended to provide compensation for the losses resulting from the death of a family member. While some losses are speculative, such as the pain and suffering of the decedent prior to death, other losses are measurable. While all damages must be proven, recoverable damages include both damages for pain and suffering, as well as:

  • Direct Expenses associated with the death including medical and funeral expenses.
  • Lost benefits- what the person would have received in pension/retirement benefits and the possible loss of insurance.
  • Loss of future earnings- what the person who passed away would have earned in salary if he/she had have lived.
  • Loss of companionship- the emotional care and protection that would have been provided, in addition to the mental pain and suffering resulting from the descendant's death.
  • Punitive damages- intended to punish wrongdoers and prevent them from harming others.

If a loved one has suffered an untimely death, you may be eligible to receive compensation under the law. Call our Pennsylvania wrongful death lawyers to find out how Pennsylvania's wrongful death laws apply to the facts of your case. Our Lancaster, Pennsylvania Wrongful Death Attorneys are here to help you in this time of need. Remember that not all attorneys have the expertise to handle wrongful death cases. As our attorneys are experienced in representing wrongful death plaintiffs throughout Pennsylvania, we can help to ensure that your rights are protected.

 

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