Was Your Family Affected By Wrongful Death?
At John A. Caputo & Associates, P.C., we provide strong, compassionate legal guidance to families who have lost loved ones due to the negligence of others.
We handle a broad range of wrongful death claims, including those arising from medical malpractice, car collisions, truck crashes and negligence of all kinds. We have decades of experience serving clients in Pittsburgh and throughout Pennsylvania.
Our experienced legal team are committed to helping you pursue fair and just compensation for the tremendous loss you have suffered.
What Are The Elements Of A Wrongful Death Suit In Pennsylvania?
A wrongful death claim becomes apparent when someone’s wrongful act, neglect or unlawful violence causes another person’s death.
Under Pennsylvania’s Wrongful Death Act (42 Pa. C.S.A. § 8301), a surviving family member can file a wrongful death lawsuit if the following elements are met:
- Death of a person: This element confirms that the claim pertains to a loss of life rather than mere injury, no matter how severe,
- Caused by another’s negligence or intentional act: The death must result from someone else’s wrongful conduct. This could include negligence, such as in medical malpractice or car accidents or intentional acts like assault.
- Eligible beneficiary: Surviving family members must demonstrate that they have experienced financial hardship because of the deceased’s passing. Pennsylvania law typically includes spouses, children and parents as eligible beneficiaries.
- Appointment of a personal representative: The deceased’s estate must have a designated representative to file the lawsuit. This representative, often a family member or an estate’s executor, is responsible for managing the legal action on behalf of the deceased’s estate.
- Monetary damages: There must be monetary damages due to the death. This includes compensation for lost income, funeral expenses, medical bills and other financial impacts of the loss.
Wrongful death cases are complex, requiring plaintiffs to prove that the defendant’s actions or negligence caused a loved one’s death. This involves gathering extensive evidence and expert testimony, which can be challenging. Calculating damages, including economic and noneconomic losses, can require specific legal understanding. Identifying all responsible parties and negotiating with insurance companies further complicates the process, often leading to settlement offers that might not fully cover the losses.
As such, having an experienced wrongful death attorney on board can be of significant benefit. They are adept at handling the nuances of wrongful death claims, from proving fault to negotiating with insurance companies. Wrongful death lawyers can help ensure all necessary legal elements are met, and the claim is presented effectively so that surviving family members receive fair compensation for their tragic loss.
How We Can Help With Wrongful Death Claims
A lawyer experienced in handling wrongful death actions can provide you with sound knowledge and advice on how to move forward. With our help, your family may be able to receive compensation to cover losses of wages the decedent would have earned, suffering before death, and for the loss of love, affection, companionship, support, protections, advice and comfort the decedent would have offered to spouse and children.
We will conduct a thorough investigation into the cause of your loved one’s death. By pursuing legal action, we are not only helping your family but also taking steps to deter tragic events from taking place in the future.
Frequently Asked Questions We See About Wrongful Death Cases
Here are some of the most frequent questions we see around wrongful death claims:
- When do motor vehicle accident deaths warrant an autopsy?
- Is there a deadline to bring a wrongful death case?
- Who can recover damages in a wrongful death case?
- What types of damages are recoverable?
- How long does a wrongful death claim take to resolve?
When do motor vehicle accident deaths warrant an autopsy?
Even though autopsies aren’t mandatory in every Pennsylvania motor vehicle accident death case, in some serious cases, an autopsy may be necessary to determine the cause of death and whether it warrants a wrongful death claim. However, a county coroner will investigate the death and determine if an autopsy is legally required to pinpoint the exact cause of death.
An autopsy is a medical procedure where a qualified physician examines the deceased person’s body to determine the cause and manner of death. While the decision to request an autopsy after a motor vehicle accident causes death is a personal one, there are certain legal circumstances in which it may be legally required or strongly recommended:
The accident involved a single vehicle: When a car accident occurs with no apparent external cause, an autopsy may be necessary to identify underlying medical conditions that could have contributed to the crash.
The death occurred without a doctor present: If the accident victim was not under the care of a physician at the time of their passing, an autopsy can help determine the cause of death, which can establish the negligence involved.
When there needs to be more information about the victim’s suffering: The pain and suffering a victim endured before their death may be unclear without an autopsy, but that can have a significant impact on a wrongful death settlement.
Public health threats: If there’s a possibility the death resulted from a public health threat, like a drunk driver or a vehicle malfunction, an autopsy may be conducted to gather evidence to justify the exact cause.
No matter the legal incident, the law protects your legal rights. While the decision to pursue an autopsy is a personal one, it can provide your personal injury lawyers with valuable insights and evidence to support a wrongful death claim to secure a fair wrongful death settlement. Our experienced attorney can advocate for your rights to help ensure your financial compensation is fairly channeled to cater for burial expenses.
Is there a deadline to bring a wrongful death case?
Yes. The statute of limitations in Pennsylvania gives surviving family members two years to take legal action by filing a civil lawsuit against the responsible party for wrongful death. The two-year period begins on the date of the deceased person’s passing. Due to the time limit, starting the process as soon as possible is crucial.
Who can recover damages in a wrongful death case?
Close family members like spouses, parents and children are the only people entitled to compensation recovered through a wrongful death lawsuit in Pennsylvania. These individuals need not be citizens or residents of the state. A personal estate representative may pursue this action if the deceased person has no surviving eligible family members.
The damages are divided among these beneficiaries the same way the state divides things between beneficiaries of intestate estates or the estates of people who pass away without having a will. Creditors are not entitled to any of this compensation.
What types of damages are recoverable?
Those who file wrongful death lawsuits may be able to recover reasonable compensation for:
- Medical expenses
- Funeral expenses
- Burial costs
- Loss of companionship
- Lost income
- Pain and suffering the person endured before they passed away
This compensation can help families cope with the financial impact of losing a loved one.
How long does a wrongful death claim take to resolve?
It could take months to years to resolve a wrongful death lawsuit. A wrongful death attorney at John A. Caputo & Associates, P.C., we can review your case and give you a more accurate timeline for your unique situation. It may seem like a long time, but it’s worth the wait to be able to hold the person responsible for your loved one’s death accountable. And, while no amount of money could ever make up for your loss, the compensation recovered through a wrongful death lawsuit can help make the financial side of things more manageable.
Securing Your Future After A Fatal Accident In Pennsylvania
We are grateful for the opportunity to represent clients from all walks of life. We focus on the goals of minimizing clients’ losses, obtaining significant recovery for damages, and providing security and comfort to the families in death actions.
Contact our office online or call us at 412-620-6361 for a free consultation to discuss the specifics of your wrongful death claim. When we accept your case, you owe nothing out of pocket until we recover compensation for you.