Dealing with the sudden death of a loved one is our worst nightmare. It’s even harder when it’s the result of the negligence or recklessness of another person or company.
Struggling with financial stress if you relied on the deceased for economic support adds to this terrible stress. If you believe someone else was responsible for your loved one’s death, you have the right to hold them accountable and pursue payment for your losses.
Since your loved one can’t speak to how a fatal crash occurred, it’s critical that your lawyer knows exactly what’s needed to protect your family’s legal rights. At Ostroff Godshall Injury and Accident Lawyers, we understand how difficult the aftermath of a fatal crash can be. Our Allentown wrongful death lawyers will handle every part of the legal process to ensure that you and your family get the compensation you deserve. For over 30 years, Jon Ostroff and our skilled personal injury lawyers have fought for families of deceased accident victims in the Lehigh Valley and across Pennsylvania.
We will immediately study the situation and take all steps necessary to protect your rights. We will take quick action to help prove what occurred, from arriving at the scene immediately to hiring top experts to support us in wining for our clients and to stand up for the family members that they’ve tragically lost.
In a recent case, we won $5 million for the estate of a woman who lost her life in a severe tractor-trailer accident on Route 80 in Union County. The police originally blamed the wrong party and we were able to prove otherwise to a jury and protect our client’s family. Reach out to our legal team today to learn more about what we could do for you and your family after a tragic accident.
What is Wrongful Death in Law?
42 Pennsylvania Consolidated Statutes §8301 defines wrongful death as a loss resulting from deliberate recklessness or an incident of neglect. There are no scenarios barred from this definition, meaning that wrongful death cases can cover everything from a car accident to medical malpractice. Even parties pursuing criminal cases may file wrongful death claims.
In Pennsylvania, wrongful death is often viewed as an extension of personal injury cases. While you may file a fatal accident lawsuit independent of a personal injury case, you can also recover compensation for wrongful death should the death occur as a result of personal injury or in the midst of a personal injury hearing. Our seasoned lawyers in Allentown can help you understand what types of accidents warrant a wrongful death case.
Pursuing Payment After a Fatal Accident in Allentown
In a civil case, you and your lawyer must obtain and present evidence to prove that another party bears responsibility for your loved one’s death. Once you establish fault, you may seek compensation for losses such as:
- Funeral expenses
- Burial expenses
- Hospital and medical care received prior to a person’s death
- Estate expenses
- Lost wage and benefits
- Comfort and guidance for the bereaved
Our law firm has also obtained punitive damages in fatality cases, because we were able to prove that the defendant acted recklessly or criminally. These damages are often a multiple of all other damages and are intended to punish the defendant.
Who Can File Wrongful Death Lawsuits in PA?
The state only allows the deceased’s personal representative, otherwise known as an executor, to file a wrongful death suit. According to 231 Pennsylvania Code Rule 2022, the executor must also submit their claim promptly and within the statute of limitations. Otherwise, the courts will not consider the case. If you are qualified to become an executor and file a fatal accident case on behalf of a loved one, reach out to our experienced lawyers today.
Let an Allentown Wrongful Death Attorney Go to Bat For You
Recovering from an unexpected loss takes time. However, there is limited time to take legal action after a fatal accident. Our Allentown wrongful death lawyers can help you file a lawsuit as you and your family take the time you need to grieve.
Consider contacting us to discuss your case in a free consultation. We will examine your claim, explain your legal options, and represent your best interests throughout the legal process.