No one should have to deal with the untimely death of a loved one. Unfortunately, fatal accidents are not uncommon, especially in automobile collisions. If your loved one has passed away because of an accident, a Butler County wrongful death lawyer could help bring a claim on behalf of the deceased person.
At Benjamin Levine Law, our compassionate personal injury attorneys could help you recover costs associated with the death to aid you and your family. Get in touch today to schedule an initial consultation.
Wrongful death claims result from accident fatalities and technically belong to the person who passes away. As a result, only specific individuals can bring a wrongful death claim on behalf of the deceased.
As set out by 42 Pennsylvania Consolidated Statutes § 8301, the personal representative (also known as the executor) of a deceased person’s estate or certain beneficiaries can bring a wrongful death claim.
Pennsylvania Rule of Civil Procedure 2202 only allows the personal representative to bring the claim within the first six months after the death, but after that time, the spouse, children, or parents of the deceased can also sue.
By bringing a wrongful death claim, you can receive compensation to cover costs such as funeral and medical expenses leading up to death under § 8301(c). You can also recover costs for administering the deceased’s estate and the value of the person as expressed through lost wages and benefits, lost household contributions, and loss of their relationship.
A wrongful death lawyer in Butler County could ensure that you have all the information you need before starting a lawsuit based on a loved one’s passing.
As mentioned above, only the personal representative can bring a claim within the first six months after death, but there is also a statute of limitations, after which your claim could be barred.
As per 42 Pa. C.S. §5524, you only have two years to bring a wrongful death claim from the date of death. Two years may seem long, but settling an estate can take time and effort, and you may find the deadline coming up faster than expected.
Once a claim is filed, you need to prove the fault of whoever caused the accident and death. Your claim will likely stem from negligence, the legal concept that holds people accountable for causing injury to others, even if done unintentionally.
Negligence requires proof of a duty of care, breach of that duty, causation, and damages, which will require investigating what happened and how. In some cases, the actions of the person who passed away could work against the claim if they were partially responsible for their own death.
Under 42 Pa. C.S. §7102, compensation can be reduced in proportion to a person’s own negligence or blocked entirely if they are found to be more than 50 percent responsible. A Butler County lawyer who handles wrongful death cases could gather evidence to prove your claim.
The sudden death of a loved one can take a toll on the health and well-being of you and your family. A claim for compensation could make the grieving process more manageable and possibly deliver a sense of justice.
A Butler County wrongful death lawyer from Benjamin Levine Law could guide you through the filing process after losing a family member to an accident. Contact us today for a case consultation and see what we can do for you.