Experiencing the death of a loved one is always devastating, but it can be particularly brutal when it’s the result of someone else’s negligent or wrongful conduct. The grief and anger you feel can make it difficult to get through your days, and you may even face financial hardships because of the death. If that is what you’re struggling with, one of your options is to file a claim for compensation with the help of a Levittown wrongful death lawyer.
The team of personal injury lawyers at Wapner Newman offers representation for people who are suffering under the weight of a wrongful death. We know we can’t bring your loved one back, but we can play a part in helping you get through this loss. Our compassionate team can guide you through the claims process so that you can get fair compensation.
Contact our team of Levittown wrongful death lawyers by calling us at (215) 569-0900.
Why Choose Us
How Wapner Newman Helps With Wrongful Death Claims
Filing a wrongful death claim can help you recover economic and non-economic losses, but it is not something simple to do on your own. At Wapner Newman, our Pennsylvania wrongful death lawyers have over 40 years of experience helping clients who have lost loved ones as a result of another party’s conduct. Because we know just how difficult this experience is for you, we offer compassionate legal representation that ensures you receive the support you deserve. We’ll always treat you with respect and consideration to make filing a claim feel a bit less harrowing.
Our lawyers have helped clients recover millions of dollars in wrongful death claims. While money won’t take away the loss you feel, it can help you with the mundane stresses of paying bills. If you’ve suffered a loss of this magnitude, you don’t want to handle a claim alone. Let our dedicated personal injury attorneys assist you.
The Basics of Wrongful Death Claims
You can think of a wrongful death claim as a personal injury claim in which the victim is not able to advocate for themselves. If your loved one would have been able to file a claim had they survived the accident, you can likely begin filing a wrongful death claim. This legal process is separate from a criminal one, and it doesn’t prevent you from pursuing the latter.
Who Can File a Wrongful Death Claim?
Pennsylvania requires the personal representative of your loved one’s estate to file a wrongful death claim on behalf of the surviving spouse, parents, and children of the deceased. If the representative doesn’t file a claim within six months of the death, the spouse, children, or parents can do so themselves. If there is no will or there is one but it doesn’t appoint a personal representative, the court can assign one.
Keep in mind that no one is allowed to file a wrongful death claim if the deceased received compensation while they were alive for the same injuries that led to their death. If the decedent began a personal injury lawsuit, but it was still pending after their death, a personal representative can pursue it.
If your circumstances are complex, our Levittown wrongful death attorneys can help you understand whether you have the right to file a claim. All you have to do is schedule a free consultation.
Establishing Liability
For the majority of wrongful death claims, you will have to establish that negligence took place. Negligence requires you to show that the defendant owed the deceased a duty of care and breached it, resulting in the death. If, for example, a doctor failed to diagnose an illness when any other competent medical professional would have done so and your loved one died because of that failure, the defendant is negligent.
In some instances, it may not be necessary to prove negligence because you can rely on strict liability laws. Strict liability can apply to claims involving dog bites and product malfunctions, for example. If your loved one died because a car part was defective and led to a crash, you only have to show that the part didn’t work as it should have and caused the death.
Statute of Limitations
Most of the time, you will have two years from the date of your loved one’s death to file a claim. However, it’s essential that you contact our Pennsylvania wrongful death attorneys as soon as you can. If you wait too long, evidence could get damaged or lost, and it can be more difficult to get in contact with eyewitnesses. To give yourself the highest chance of winning the claim, you need to act quickly after the death.
Marc G. Brecher, our managing partner, has been recognized as a Pennsylvania Super Lawyer since 2004.
Damages Available in a Wrongful Death Claim
You can claim compensatory damages in the form of economic and non-economic damages. Our team of Levittown personal injury lawyers can offer information on the exact options you have.
Economic Damages
These damages compensate you for any financial losses your loved one’s death led you to sustain. If they received medical care before they died, these damages will cover medical expenses. Financial losses can also include funeral expenses. These can quickly add up, and you can struggle to lay your loved one to rest as they deserve.
Economic damages also cover the financial worth of the services the decedent provided. That can include child-rearing services, home maintenance, and anything else that you will now need to pay someone else to do. These damages also cover the income the person would have made throughout their working life.
Non-Economic Damages
These are damages that compensate you for losses that aren’t financial. These include the pain and suffering your loved one experienced before dying, as well as the loss of support and companionship you’ve experienced. You can get compensation for the suffering your family has felt as well.
Wrongful Death Claim FAQs
If you’ve lost a loved one because of someone else’s negligent or wrongful conduct and you want to file a claim, you may have lots of questions about the process. The Pennsylvania personal injury lawyers at Wapner Newman can offer answers to your queries, including these commonly asked questions.
What are the most common causes of wrongful death in Pennsylvania?
Vehicular accidents cause the most wrongful deaths throughout the state, with falling injuries also leading to significant fatalities. Other deaths result from workplace accidents and medical malpractice.
Is hiring a Pennsylvania personal injury attorney necessary to file a wrongful death claim?
You’re not required to hire a lawyer when you file a claim, but it is always important to do so. A lawyer with experience in wrongful death claims can guide you through the entire process and gather the right evidence to prove the death occurred because of someone’s negligent conduct. You will likely not have experience negotiating with insurance companies, which can mean they may try to cheat you out of fair compensation by bullying you to accept a low offer. We can handle all of this for you. We can also take your claim to court, if necessary, which is never something you want to do without representation.
Above all, we can take the burden of the legal process off your shoulders. You will be dealing with so much, and a bit of help makes a difference.
How long do I have to file a wrongful death claim?
In most instances, you will have two years from the date of death, but there may be exceptions that shorten that length of time. To make certain you don’t miss the filing deadline, you’ll want to have Bucks County wrongful death lawyers by your side. Keep in mind that if you miss the time limit, you won’t be able to recover losses.
What damages can I claim after a wrongful death?
After the death of a loved one, you can claim economic and non-economic damages. You can receive compensation for funeral expenses, as well as any medical care your loved one received before their death. If they offered your family specific services, like child care, you can claim those expenses, too, along with the loss of the income they would have provided throughout their lifetime.
Non-economic damages compensate you for non-financial losses, including pain and suffering and loss of support and companionship. We can help you understand the exact damages you can claim.
Give us a call to get more information about filing a wrongful death claim in Levittown.
Contact Our Wrongful Death Lawyers
We Offer Free Consultations
After suffering a loss because of someone else’s negligent or wrongful conduct, you have the chance to file a claim. At Wapner Newman, our Bucks County wrongful death attorneys have decades of experience helping people going through these difficult circumstances. With compassion and dedication, we will guide you through the claims process.
Schedule a free consultation by calling our team of wrongful death lawyers at (215) 569-0900.