Any accident that results in someone losing their life is a tragedy. However, learning that your loved one lost their life in a preventable accident caused by a negligent person can be especially devastating. In addition to the emotional pain associated with such an incident, your family may suffer financial strain after losing your loved one’s economic support.
If someone else’s negligence led to your family member’s premature death, our experienced personal injury attorneys at Ostroff Godshall Injury and Accident Lawyers can file a legal claim on your behalf and help you preserve your financial future. Founding Partner Jon Ostroff and Managing Partner Rich Godshall have won millions of dollars for many families of deceased accident victims.
In a previous wrongful death case, our team recovered $5,000,000 for the estate of a woman who was killed in a bus crash on a major Pennsylvania highway Interstate 80.
In another case, Jon won a $500,000 settlement for a family after their loved one fell in a parking lot and got run over by a truck. If you recently lost a family member, our Blue Bell wrongful death lawyers can explain your legal options and help you hold the responsible parties accountable.
Unique Elements of Wrongful Death Claims
According to 42 Pennsylvania Consolidated Statutes §8301, individuals can pursue a wrongful death claim whenever someone else’s “wrongful act” directly leads to another person losing their life. The term “wrongful act” includes traditional negligence, professional malpractice, and intentional acts that constitute crimes.
However, because the person harmed by that wrongful act is no longer alive, any litigation pursued in their name would be the responsibility of their estate representative. The estate representative is usually someone named in the decedent’s will, a sole or agreed upon heir, or could be assigned by a court if necessary. If you are an estate representative or wish to become one, a seasoned lawyer in Blue Bell at Ostroff Godshall Injury and Accident Lawyers can help you determine whether you have a valid wrongful death case.
Types of Recoverable Damages
Through a wrongful death claim, an estate representative may pursue compensation for losses experienced by the decedent’s surviving family members. This compensation may cover:
- Medical expenses paid for by surviving family members
- Funeral and burial expenses
- Costs of estate administration
- Lost financial support and/or benefits from the decedent, including future earnings the decedent likely would have brought in
- Loss of household services and support
- Loss of guidance and “society”
- Loss of consortium
A separate survival action may be filed for losses experienced by the decedent in the time between their accident and their death. The eligible recipients, or “beneficiaries,” of this compensation, include the decedent’s spouse, children, and parents. A respected fatal accident attorney like Jon Ostroff can ensure you and your family get the compensation that justice mandates.
Filing Deadlines for Fatal Accident Cases in Blue Bell
Like other types of personal injury claims, a filing deadline applies to wrongful death lawsuits. Under most circumstances, 42 Pa. Con. Stat. §5524 sets the applicable deadline for fatal accident cases at two years following the decedent’s date of death.
If an estate representative waits too long to file suit, their case will almost certainly be thrown out as soon as it reaches a civil court. There are very rare circumstances under which this deadline may be extended, or “tolled.” To avoid missing this deadline, speak with a skilled lawyer as soon as possible after your loved one’s death.
Our Blue Bell Wrongful Death Attorneys Can Help
At Ostroff Godshall Injury and Accident Lawyers, we understand that no monetary sum is big enough to replace the gap that your loved one’s death leaves in your life. However, civil recovery could be key to ensuring that you and your family do not have to bear unnecessary financial burdens.
The Blue Bell wrongful death lawyers at Ostroff Godshall Injury and Accident Lawyers will work diligently on your behalf to achieve the best possible resolution to your claim. Call our law firm today to set up a free consultation and learn more.
