Wrongful Death Attorney Philadelphia

A Philadelphia wrongful death attorney from my firm, the Law Office of Michael P. Forbes, PC, can help you seek just compensation after you lose a loved one due to the negligence, recklessness, or criminal intent of another. For more than 25 years, I have been providing compassionate legal support and I know how delicate wrongful death claims can be. When you let me take up your case, I will move it forward at your pace and will act as your moral support during such a difficult time.

Compensation in Wrongful Death Cases

A wrongful death case is a unique legal process, as it must be filed by someone who was close to the decedent. In Pennsylvania, the only people permitted to make a wrongful death claim are those who are personal representatives of the decedent’s estate. If no one was named before the decedent’s passing, it is likely the court will name a spouse, parent, or child as the representative. The claim must also be filed within two years of the decedent’s passing, not necessarily since the date of the accident or incident that led to their death.

It is crucial to understand that these cases, while emotional, have significant legal implications. The role of a wrongful death lawyer is not just to seek compensation but also to ensure a thorough investigation is conducted, gathering all necessary evidence to support the claim. This can involve everything from obtaining medical records to interviewing eyewitnesses, which is why timely legal intervention is essential.

Can I Sue for Emotional Distress?

The wrongful death of a loved one often leaves a person traumatized and distressed. If you have been emotionally distressed due to the negligence of your loved one's medical professional(s), which resulted in their passing, contact our firm today for help proving that your distress was caused by such wrongful death.

In addition to legal support, we advocate for counseling services that may aid in your emotional recovery. Emotional distress claims require not only legal understanding but also empathy and the availability of mental health resources. By working closely with healthcare providers and mental health professionals, we can help establish a comprehensive approach to showing how the wrongful death impacted your emotional well-being. Seeking legal damages in conjunction with psychological help may be pivotal in your path to recovery.

Our Goal is to Bring Your Family Closure

No one’s love can be replaced with monetary compensation, but it is true that winning a settlement or verdict does help a person handle grief. Knowing that bills and costs will be covered can take stress off your shoulders so you can focus on emotional recovery.

At Law Office of Michael P. Forbes, PC, we believe in a holistic approach. Our goal is not only to seek justice but also to provide you with the peace of mind that allows for healing. We stand by you every step of the way—from the initial consultation to the resolution of your claim, ensuring that you are informed, supported, and empowered at each phase. In doing so, we aim to honor your loved one’s memory by achieving a sense of closure and peace for your family.

Understanding Pennsylvania's Wrongful Death Laws

Pennsylvania's wrongful death statutes are designed to ensure that families and dependents of deceased victims can seek justice and compensation for their losses. These laws define who is eligible to file a wrongful death claim and outline the potential compensation that can be awarded. It is important to understand that Pennsylvania law requires that the wrongful death action be filed by a personal representative of the deceased person's estate. 

If no representative is appointed, the court may designate a close relative, such as a spouse, parent, or child, to file the claim. Additionally, these claims must be initiated within a specific timeframe, typically within two years from the date of death, which underscores the importance of acting swiftly once the wrongful death occurs.

The primary aim of these laws is to compensate the survivors for both economic and non-economic damages. Economic damages could include medical expenses incurred prior to death, funeral and burial costs, and any lost potential future earnings. Non-economic damages cover emotional distress, loss of companionship, and pain and suffering endured by the family members. 

These elements highlight the multifaceted impact of wrongful death, making the legal proceedings both complex and deeply personal. Engaging an experienced wrongful death lawyer can be beneficial in navigating the intricacies of Pennsylvania's legal framework while ensuring that your family receives the necessary support and compensation.

How Law Office of Michael P. Forbes, PC Supports Clients in Philadelphia

At Law Office of Michael P. Forbes, PC, our involvement goes beyond representing you in legal proceedings. We believe in providing a comprehensive support system tailored to meet our clients’ needs throughout Philadelphia. We understand the profound emotional and financial impact a wrongful death can have on families. 

As such, our commitment extends not just to seeking just compensation but to walking alongside our clients, offering moral support and legal guidance every step of the way. Located in Philadelphia, we are well-positioned to address any local nuances of your claim, leveraging our familiarity with the area’s legal landscape, local courts, and applicable regulations.

Our client-centric approach is characterized by open communication, personalized attention, and a firm dedication to protecting your rights. We adopt a meticulous approach in gathering evidence, interviewing witnesses, and working with experts to build a strong case on your behalf. At no point will you feel alone in this journey, as we keep you informed and involved in all important decisions.

 Moreover, our no-obligation consultations ensure that you can explore your legal options with us without added pressure. We believe that by representing you with dedication and integrity, we can help honor your loved one's memory and achieve a measure of justice and closure.

FAQs About Wrongful Death Cases in Philadelphia

What Constitutes a Wrongful Death in Philadelphia?

A wrongful death in Philadelphia occurs when a person dies as a result of the legal fault of another individual or entity. This can include instances of negligence, such as medical malpractice, vehicular accidents involving reckless driving, or workplace safety violations. 

In these scenarios, the deceased's surviving family members or the representative of the estate may have grounds to file a wrongful death claim. The core of these claims relies on proving that the death was avoidable and directly caused by the wrongful actions or neglect of the responsible party.

 Legal proceedings can be complex, as they require the collection and presentation of substantial evidence, including witness testimonies, expert opinions, and documentation of the incident. An experienced wrongful death attorney can facilitate this process, ensuring that the family's rights are adequately represented while aiming to secure the deserved compensation for their loss.

How Are Wrongful Death Settlements Calculated?

Wrongful death settlements in Philadelphia are calculated based on a variety of factors, including economic and non-economic damages. Economic damages account for quantifiable financial losses such as medical expenses incurred prior to death, funeral and burial costs, and the loss of expected income. 

These are generally calculated by assessing the deceased's potential future earnings and other financial contributions to the household. Non-economic damages, on the other hand, cover the unquantifiable losses such as loss of companionship, emotional distress, and the mental anguish suffered by surviving family members. 

Each wrongful death claim is unique, and the calculation of these settlements takes into account the specific circumstances surrounding the death, including the degree of negligence and the impact on the survivors. Consulting with a skilled wrongful death lawyer can provide valuable insights into the potential value of a claim, ensuring that all aspects of the loss are considered in the pursuit of just compensation.

Who Can File a Wrongful Death Claim in Pennsylvania?

In Pennsylvania, the right to file a wrongful death claim is generally reserved for the personal representative of the deceased's estate. If no representative has been appointed, close family members, such as a spouse, children, or parents, may be eligible to file the claim. This legal provision ensures that those most affected by the deceased's passing have the opportunity to seek compensation and justice. 

The claim must be filed within two years from the death date, making it crucial for the representatives or family members to act promptly. The process involves demonstrating the liability of the responsible party and establishing the financial and emotional impact on the survivors. An experienced wrongful death lawyer can provide crucial support, guiding families through the legal procedures and helping them to focus on healing while pursuing the compensation they deserve.

What Happens if the Defendant is Uninsured?

If the defendant in a wrongful death case is uninsured, it doesn't automatically preclude the possibility of obtaining compensation. In such scenarios, several avenues may still be pursued. The plaintiff may be able to recover damages through the deceased's insurance policies, depending on the coverage detail. 

Additionally, assets owned by the defendant can sometimes be targeted to fulfill any awarded damages. It's important to work closely with a wrongful death attorney who can explore all potential avenues for recovery, including investigating if other parties might hold some liability and therefore share in the responsibility of compensating the affected family. 

The complexity of these claims highlights the need for knowledgeable legal representation to navigate the challenges of achieving a just result, particularly in the face of an uninsured defendant.

How Long Does a Wrongful Death Claim Take to Resolve?

The time it takes to resolve a wrongful death claim in Philadelphia can vary significantly based on the complexity of the claim and the cooperation of the involved parties. Some claims are resolved within a few months, especially if liability is clear and uncontested. 

However, more complicated claims, which may require extensive investigation or involve disputed facts, can take several years to reach a resolution. Factors influencing the timeline include the court's schedule, the amount of evidence needed, and the willingness of the parties to reach a settlement.

 Engaging a competent wrongful death lawyer early in the process provides the benefit of seasoned guidance through each step, helping to expedite proceedings where possible and ensuring comprehensive representation throughout the duration of the claim.