If you’ve recently lost a loved one because of another person’s misconduct, you’re already dealing with much more heartache and stress than anyone should have to. Adding a civil lawsuit on top of all that can understandably feel like too much to bear, especially if you’ve never filed a personal injury claim and don’t know what the rules are for pursuing one.
Fortunately, that’s one of many aspects of the wrongful death litigation process our experienced lawyers can give you custom-tailored and compassionate support with. You deserve to be paid fairly for every form of harm your family has suffered because of your loved one’s death, and our team can guide you through filing a Norristown wrongful death action and demanding the restitution you need.
Who’s Allowed to File a Wrongful Death Action?
Wrongful death lawsuits are mostly governed by the same laws that apply to standard personal injury lawsuits, which means you can usually only file one if you can prove the defendant you’re suing directly caused your family member’s premature death through a specific reckless, careless, or illegal act. Even if you’re one of the beneficiaries who can recover compensation through a claim like this, you may not be the person with the right to actually file the claim in the first place.
Under Pennsylvania law, the only person who can start a wrongful death action in Norristown is the deceased person’s personal representative, which will either be someone nominated to fill that role in the deceased person’s will or nominated by a court to fill it because the deceased person didn’t leave any such instructions in a valid will. This personal representative—or executor—also has the responsibility of identifying everyone who can recover compensation through the claim they’re planning to file and handle other legal and financial matters on behalf of the deceased person’s estate.
Deadlines for Wrongful Death Claims
One other important thing to know about filing a Norristown wrongful death action is that it is bound by the same statute of limitations as personal injury claims. Generally, a personal representative has to formally start the litigation process within two years of the person’s death, or they’ll be barred from seeking compensation.
A personal representative may have longer to file if they didn’t know a loved one’s death was caused by a negligent or criminal act until after they passed. There may also be complications in this stage of the process if there’s an ongoing criminal case.
A Norristown Attorney Can Assist With Filing a Wrongful Death Action
No amount of money can possibly make up for the life of someone you love being unfairly cut short. Civil restitution can help stabilize your family’s finances, reduce the negative effects of other losses you’ll have to deal with because of your family member’s death, and give you some measure of justice for what you’ve been forced to go through.
Filing a Norristown wrongful death action can be challenging on both legal and personal levels, and it’s not something you should do alone. Call today to discuss your legal options and learn how Ostroff Godshall Injury and Accident Lawyers can help you.
