The loss of a loved one caused by another party’s negligent or wrongful conduct can leave you battling grief, rage, and a variety of other volatile emotions. Unfortunately, it could also mean having to worry about funeral expenses and other financial losses you and your family will experience because of the death of your loved one. Dealing with all of these things at the same time can be overwhelming, and you may not be able to recognize the options you have. One of the most important steps you can take is to file a wrongful death claim against the liable party, and that means hiring a Harrisburg wrongful death lawyer.
Wrongful death claims allow surviving family members to recover some of the financial losses they’ve sustained, as well as receive compensation for the pain and suffering their loved one experienced before passing. Because of their complexities, however, you should never attempt to file one of these claims without proper legal counsel. At Wapner Newman, we can help you fight for your rights, as well as those of your late loved one, as you seek fair compensation.
Contact our team of Harrisburg wrongful death lawyers by calling us at (215) 569-0900.
Why Choose Us?
How Wapner Newman Can Help After a Wrongful Death
To file a wrongful death claim and recover compensation that is fair in relation to the enormity of your loss, you need the best wrongful death lawyers in Harrisburg by your side, lawyers who have decades of experience they can call on to provide fierce representation. At Wapner Newman, we have been offering legal counsel to the people of Pennsylvania for years. We understand the challenges of the legal system and know how the courts in the state work.
From the moment you step into our offices, you’ll be treated with the respect and compassion you deserve. We’ll carefully evaluate your claim and start gathering evidence that demonstrates your right to compensation. Furthermore, as our team of Harrisburg wrongful death attorneys has many contacts among expert witnesses, we make it easy to find the right people to help corroborate how the incident that led to your loved one’s death occurred.
We’re also fierce negotiators who won’t allow insurance companies to take advantage of your grief. We’ll fight on your and your loved one’s behalf, and if a settlement isn’t possible, we’ll continue to fight by taking your case to court.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action that can be pursued when an individual’s loved one dies due to another party’s negligent or intentional wrongful conduct. These claims are similar to personal injury claims, with the main difference being that the victim did not survive their injuries. In other words, if your loved one would have been able to file a personal injury claim against the liable party, then you can file a wrongful death claim.
However, in Pennsylvania, only the personal representative of the deceased’s estate can present a wrongful death claim. That differs from other states, where family members may do so. Additionally, keep in mind that although it is the representative who brings forth the claim, the people who receive compensation are spouses, children, and other close family members. If the personal representative does not file the claim within six months of the death, family members can do so themselves.
As with any other personal injury claim, you must prove that negligence occurred, which involves a select few requirements. The first is to establish that the other party owed your loved one a duty, which they then breached. For example, suppose the death occurred as a result of a car accident in which the other driver was intoxicated. In that case, you can show that the driver’s blood alcohol concentration level was above the legal limit. Because they broke the law, they breached their responsibility toward everyone else on the road, including your loved one.
From there, you must show that the breach led directly to the fatal injuries your loved one suffered. If the intoxicated driver caused a crash that resulted in your loved one suffering a traumatic head injury that led to their death, you can hold the driver liable. None of these factors are easy to prove, but by hiring our team of Harrisburg wrongful death attorneys, you can focus on grieving while we gather the necessary evidence.
At Wapner Newman, we helped the family of someone who died because of medical negligence recover $15 million in a wrongful death claim.
Wrongful Death Claim Damages
After the unexpected death of your loved one, you can claim economic and non-economic damages.
Economic Damages
Even though your loved one has passed, it’s likely that they still received some form of medical care beforehand, and that means you must deal with those medical expenses. These can quickly become exorbitant, especially if your loved one was in the hospital for a few days after the accident, but economic damages will cover all of them. Economic damages also cover funeral and burial expenses.
It’s also possible to claim lost wages for the income and wages that your loved one would have earned before dying. These claims take into account the years your loved one had left to work and their career trajectory. It can be essential for family members who were financially dependent on the person who died.
Lastl if your loved one provided essential services that you will need to hire someone else to take on, such as childcare, you can also receive compensation for these additional expenses.
Non-Economic Damages
Non-economic damages compensate you for subjective losses. Pain and suffering represent one of the most prevalent of these. In most personal injury claims, the victim can ask for compensation for the emotional and physical distress they experienced. Although your loved one is not there to claim these for themselves, you can do so on their behalf. It’s also possible for close loved ones to claim loss of consortium, which will compensate them for the loss of companionship and support.
Wrongful Death Claim FAQs
If you have lost a loved one in an accident caused by someone’s negligent or wrongful conduct, you likely have many questions about the process of filing a wrongful death claim. Our Harrisburg wrongful death lawyers can help; here are some answers to common questions we’ve received from our previous clients:
Is there a time limit for filing a wrongful death claim?
As with other personal injury claims in the state of Pennsylvania, you have two years to file a wrongful death claim. Remember, if the personal representative does not file the claim within six months, family members who would be entitled to recover damages can file instead.
Am I required to have a Pennsylvania wrongful death attorney to file a claim?
Though you are not required to have an attorney, it is always a good option to hire legal counsel in these circumstances. Filing a wrongful death claim is complex, and you’d be doing so alone, all while grief, funeral arrangements, and a variety of other complications cloud your focus. Unless you have experience successfully pursuing these claims, the best thing you can do for yourself and your family is to hire a reputable wrongful death attorney.
How do I choose a wrongful death lawyer in Harrisburg?
When choosing a wrongful death attorney, you should always look for experience. Take the time to ask about the types of cases your potential lawyers have represented and what settlement or jury verdicts they’ve helped their clients receive. Make sure that the lawyer you choose doesn’t charge upfront fees, either; you don’t need additional bills to worry about.
You should also ensure that you can reach the attorney when you need to and that you don’t have to schedule appointments weeks in advance. Additionally, it’s often quite helpful to read client testimonials to get a sense of what to expect.
Can I recover medical expenses to cover my loved one’s bills?
As part of economic damages, you can receive compensation for any medical care your loved one received for their injuries before their passing.
How long does a wrongful death claim take?
Each wrongful death claim is unique, which means its length will depend on its complexities. Our team of lawyers will try to get the claim settled as quickly as possible because we know you need compensation. Still, sometimes the insurance companies simply don’t want to settle, and that results in needing to take the claim to court, prolonging the process.
By calling our team and scheduling a free consultation, you can get more answers to your pressing questions.
Trust the Team at Wapner Newman
Providing Experienced Representation to the People of Harrisburg
After suffering the death of a loved one as a result of another person or entity’s negligent or wrongful conduct, you can fight for the rights of both you and your loved one by filing a wrongful death claim. At Wapner Newman, our team of wrongful death attorneys in Harrisburg, PA, can help you understand your options and can aggressively negotiate with insurers for fair compensation.
Call us at (215) 569-0900 to schedule a free, no-obligation consultation with our lawyers.