Chester County Wrongful Death Lawyer
The loss of a loved one is always devastating, but when that loss occurs due to another’s negligence or misconduct, families face additional layers of grief and confusion. The legal process following an unexpected death can also be overwhelming for grieving families.
Legal avenues are available for pursuing compensation in these cases, depending on the circumstances. While no monetary recovery can replace your loved one, pursuing a wrongful death claim can help with financial burdens and provide a sense of justice. Samuel Anyan Attorney At Law helps families seek accountability and compensation for their tremendous loss.
What Are Common Wrongful Death Cases?
Wrongful death occurs when someone dies due to another party’s negligent actions. This may include deaths resulting from negligence, recklessness, or intentionally harmful acts. Examples include:
- Automobile Accidents: Injuries from car, truck, motorcycle, or pedestrian collisions often involve negligent driving.
- Medical Malpractice: Injuries caused by healthcare professionals deviating from accepted standards of care.
- Workplace Incidents: Injuries that occur on the job and are caused by unsafe conditions, inadequate training, or equipment failures.
- Defective Products: Injuries from products with design flaws, manufacturing defects, or inadequate warnings.
- Premises Liability: Injuries on someone else’s property due to dangerous conditions like wet floors, inadequate security, or poor maintenance.
Pennsylvania law requires demonstrating that the death resulted directly from another’s wrongful act, neglect, or unlawful violence. A successful case must establish that the defendant:
- Owed a duty of care to the deceased.
- Breached that duty.
- This breach directly caused the death.
- The breach resulted in subsequent damages.
Our Chester County wrongful death lawyer carefully investigates each case, gathering evidence to meet those four critical legal standards.
Who Can File a Wrongful Death Lawsuit In Pennsylvania?
Under Pennsylvania law, only the personal representative of the deceased’s estate may initially file a wrongful death lawsuit. This representative acts on behalf of beneficiaries, primarily the deceased’s spouse, children, and parents. If the personal representative does not file within six months of the death, any beneficiary may file the lawsuit on behalf of all beneficiaries.
The statute clearly defines who benefits from a wrongful death recovery. The law prioritizes close family members who depended on the deceased for financial and emotional support. Identifying all potential beneficiaries according to Pennsylvania law is one of the first steps in pursuing a wrongful death claim.
What Compensation Is Available in Wrongful Death Cases?
Compensation in wrongful death cases aims to address both economic and non-economic damages caused by the incident. Economic damages include medical expenses related to the final injury or illness and funeral and burial costs. This category might also include loss of income and benefits the deceased would have provided, and loss of household services.
Non-economic damages cover the profound emotional aspects of loss, including loss of companionship, guidance, moral support, and consortium. Pennsylvania law also distinguishes between wrongful death claims (benefiting family members) and survival actions (compensating the estate for the deceased’s pain and suffering before death). A Chester County wrongful death lawyer works diligently to calculate and pursue fair compensation across all applicable categories, accounting for both immediate and long-term impacts of a client’s losses.
How Long Do I Have to File a Wrongful Death Lawsuit?
Pennsylvania imposes a two-year statute of limitations on wrongful death claims, meaning families must file within two years of the date of death. Missing this deadline typically results in the court dismissing the case, regardless of its merits. Certain exceptions may apply in limited circumstances, such as when the cause of death was not immediately discoverable.
The time restriction underscores the importance of promptly consulting with a Chester County wrongful death lawyer. While legal matters may seem overwhelming during grief, early action preserves your rights and allows for thorough investigation while evidence remains accessible. It also gives additional time for potential delays and helps meet the two-year deadline.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
Though often pursued together, wrongful death claims and survival actions serve different purposes under Pennsylvania law. A wrongful death claim compensates family members for their losses resulting from the death, including lost financial support and companionship.
A survival action continues the legal claims the deceased could have brought had they survived. This action belongs to the estate rather than family members directly and can include compensation for the deceased’s pain and suffering, lost wages from injury to death, and medical expenses. A lawyer will evaluate each situation to determine whether both actions are appropriate and how to maximize recovery through each legal avenue.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
Most wrongful death attorneys, including a Chester County wrongful death lawyer, operate on a contingency fee basis. This arrangement means you pay no upfront costs or hourly fees. Instead, we receive a percentage of the compensation awarded at the conclusion of the case. If there is no recovery, you owe no legal fees.
This approach makes legal representation accessible during financially difficult times. During your initial consultation, he explains the fee structure transparently, including any potential case expenses separate from legal fees. This allows families to pursue justice without additional financial stress during a challenging period.
A Compassionate Chester County Wrongful Death Lawyer at Samuel Anyan Attorney At Law Will Help
When you have lost a loved one due to negligence, finding the right legal representation matters. A Chester County wrongful death lawyer has the legal knowledge, compassionate support, and determined advocacy your family deserves during this difficult time. For a free consultation, call Samuel Anyan Attorney At Law at 833-372-6946 or complete our online form. Our Philadelphia office serves clients in Chester County, Delaware County, Montgomery County, Bucks County, Dauphin County, Berks County, Lehigh County, and Northampton County.
