No one wants to file a wrongful death lawsuit since it’d always be better if the wrongful death in question had never happened at all. If your family is dealing with a tragic loss caused by another’s misconduct, taking this type of legal action could be vital to protecting your family’s future best interests.
Filing a Bensalem wrongful death action isn’t something you want or have to do entirely on your own. If you want to have the best possible chance of getting the best possible result from your claim, you should seek the help of a seasoned wrongful death lawyer sooner rather than later after your loved one’s death.
Preparing and Building a Wrongful Death Claim
While every premature death is tragic, not every premature death justifies a wrongful death lawsuit. In order to have standing to sue someone else over a family member’s death, you have to prove through evidence that the death wouldn’t have happened at all were it not for a specific reckless, careless, or illegal act by the person you’re suing.
You also need to prove that you and your family members have suffered specific financial and personal losses due to your loved one’s death. With both these things in mind, important evidence to have on hand before filing a wrongful death claim in Bensalem could include:
- A formal death certificate and other records establishing exactly where, when, and how your loved one died
- Testimony from witnesses who saw the fatal accident happen
- Surveillance or dashboard camera footage showing a fatal accident play out
- Input from healthcare providers, accident reconstructionists, and other experts
- Bills, receipts, pay stubs, and other records illustrating specific financial losses caused by your loved one’s death
- Personal statements from yourself and surviving family members about how this death has impacted you emotionally and psychologically
Assistance from a skilled legal professional can be key to finding and preserving all the information you need and making effective use of it during settlement negotiations or a civil court trial.
Who Has Legal Standing to Sue Over Wrongful Death?
Another thing you should understand before starting to file a Bensalem wrongful death lawsuit is that, by the letter of Pennsylvania law, you may not be allowed to file this sort of claim yourself. For the first six months after a wrongful death occurs, the only person who can formally sue over that death is whoever the deceased person named as their personal representative in their will or whoever the court named to fill that role if the deceased person didn’t have a valid will.
If those first six months pass without the personal representative filing a claim, the deceased person’s surviving family members who’d stand to recover financially through a wrongful death claim can start the process themselves. However, you may run into other deadlines set by the statute of limitations if you wait too long to sue—something a seasoned legal professional can make sure doesn’t happen in your situation.
A Bensalem Attorney Can Help with Filing a Wrongful Death Action
Wrongful death litigation is always complicated in both legal and emotional terms. With guidance from capable legal counsel, you can get through every stage of this process as quickly as possible while protecting your family’s personal and financial well-being along the way.
Filing a Bensalem wrongful death action is just one of many things a respected lawyer can provide invaluable assistance with. Call today to learn more.
