Our Wrongful Death Attorneys Help Surviving Family Members
- What Qualifies as a Wrongful Death Case?
- Who Can File Wrongful Death Suits?
- How Long Do I Have to File a Wrongful Death Suit?
- What Does a Wrongful Death Settlement Mean for Survivors?
- How Can I Contact a Wrongful Death Attorney Today?
- Wrongful Death FAQs
We Want To Hear Your Story
Under Pennsylvania law, wrongful deaths are deaths that should not have happened. The difference between a death due to natural causes or unavoidable illness, and a loss of life that was preventable, is profound. Wrongful deaths can devastate families financially and psychologically.
An experienced wrongful death attorney can help families hold together after these tragedies, and possibly help prevent the fatal circumstances from harming others. If you know you need to speak with a wrongful death lawyer, contact D’Amico Law Offices, LLC, today by calling 412-906-8180 or sending us a message online. We’re a family-run firm that understands the needs of survivors after an unexpected or avoidable death.
For more information on what qualifies as wrongful death, who can file a wrongful death suit, and why it’s important to pursue such cases, read on.
Man and wife hold one another in a healing green nature area after a loss.
What is a wrongful death case according to the law? The elements that are required to bring a wrongful death suit are:
- A death caused by another party’s negligence, or their intent to cause harm
- Monetary injuries, meaning financial losses caused by or related to the death, for surviving family members or legally recognized dependents
- An official representative for the deceased person’s estate (like a surviving spouse, an inheriting child, or in some instances if no one else comes forward, a creditor)
Wrongful deaths could be caused by occupational exposure at work (like in cases of asbestos cancer). Lawsuits for wrongful death could be brought after a fatal auto injury due to a car accident. Wrongful death suits could also be brought in personal injury situations, or as part of a medical malpractice case.
If you have questions about whether your situation qualifies as wrongful death, contact D’Amico Law Offices to get the answers you need right away.
A wrongful death action cannot be filed by just anyone who knew the deceased, no matter how intimately their lives were entwined. The law varies state-to-state, and could allow the following people to file:
- A decedent’s personal representative: In a few states, only the person assigned authority over the estate may file, regardless of family status or blood relation.
- A surviving spouse, child, or parent: By default in many states, those with immediate family ties to the deceased person (including adoptive children or parents) have the right to sue for wrongful death.
- Domestic partners, stepchildren, grandparents, grandchildren, or siblings: Some states allow legally recognized family members to file, even if they are not part of the traditional family unit.
- Lineal descendants and other “interested” parties: Relatives as far down a deceased person’s lineage as great-grandchildren, or the descendants of the deceased person’s siblings, may sometimes file if no closer relative comes forward.
D’Amico Law Offices, LLC, operate largely in Pennsylvania and West Virginia. In Pennsylvania, wrongful death claims must be filed by the decedent’s personal representative, and the settlement amount must be distributed to beneficiaries in accordance with “intestacy” laws, which determine inheritance distribution if there is no will. West Virginia is similar, requiring a personal representative of the estate, but leaving more discretion to the court for fair and reasonable financial distribution of settlements or damages awards.
Because these rules vary so widely depending on your location, we advise you to contact an experienced wrongful death lawyer as soon as possible to understand your unique options. We also encourage prompt action, because time is of the essence.
An elderly couple gazes out at the sea as they mourn.
There are statutes of limitations for wrongful death claims. This means that your window to file a wrongful death suit may be limited to anywhere between 1-6 years, depending on the state you live in, and the date you discovered (or should have discovered) the cause of the decedent’s death.
Such filing exceptions can be seen in other areas of personal injury, like medical malpractice cases. The limitations are put in place to ensure evidence is brought to court while it is still fresh. This is done in an effort to make the fairest judgment for all parties concerned. Additional time for discovery of injuries or causes of death is allowed in some circumstances, however, to help make sure you aren’t cheated of your day in court.
A statute of limitations may limit the time you have to file a wrongful death suit — depending on your location, this window of opportunity could be anywhere between 1-6 years.
Wrongful death attorneys are here at D’Amico Law Offices, LLC, to help make sure your case and all the relevant evidence is filed on time for the best possible outcome.
Settlements or damages awards that result from wrongful death lawsuits have the potential to help make families whole again. While there is no replacing the individual spark of a life lost, there are still tangible benefits that can be recovered via the law.
Potential benefits from wrongful death suits could include:
- Coverage for medical bills, including emergency and life-saving care that may have been given after the fatal injury
- Replacement of lost wages and employment benefits, considerations that are critical to families who have lost their main breadwinner
- Financial payment for pain and suffering, especially the anguish and long-lasting grief experienced after an untimely death
- Punitive aka “punishment” damages that are charged to wrongdoers by a judge, and then awarded to the survivors of the deceased—these may help ensure that the negligent behavior which caused a death is never repeated again
- Final expense funds, including those involved with funeral, burial, and estate settlement costs
Whatever your needs or losses, a wrongful death attorney from D’Amico Law Offices, LLC, can help translate them into figures the law can understand. In doing so, we seek the best settlement possible to help ensure your family’s future health and stability.
A grieving woman finds the strength to place a call to a wrongful death attorney.
Because time is limited, and because your need to go on living doesn’t stop when a tragic death occurs, engaging a wrongful death attorney should be a top priority. With one phone call, you can empower a diligent professional to file all the necessary paperwork on your behalf, and meet each deadline so that you receive the consideration you deserve.
The wrongful death lawyers at D’Amico Law Offices, LLC, operate a family-run firm. We dedicate our practice to making sure those who are injured are not left behind or brushed aside. That includes injuries which lead to unnecessary and unacceptable losses of life.
Call us today at 412-906-8180, or fill out our online contact form to schedule an appointment at your earliest convenience. A consultation is free and confidential, and it may take a heavy burden of worry off your shoulders right away.
What Qualifies As A Wrongful Death?
A death that is caused or hastened by another party’s negligence or intentional harm may be a wrongful death.
To file a claim, there needs to be a wrongful death, a representative of the deceased person’s estate, and a calculable financial loss/injury. Such losses could include economic concerns like wages, as well as non-economic matters, like loss of companionship.
What Does A Wrongful Death Settlement Mean For Survivors?
The financial rewards from wrongful death suits could include:
- Coverage for medical bills
- Replacement of lost wages and employment benefits
- Financial payment for pain and suffering
- Punitive aka “punishment” damages that are charged to wrongdoers and then awarded to you
- Final expense funds for funeral and burial costs
Who Can File Wrongful Death Suits?
Who can file a wrongful death lawsuit varies state-to-state, but may include:
- The designated representative of the estate
- A surviving spouse, child, or parent
- Domestic partners, stepchildren, grandparents, grandchildren, or siblings
- Lineal descendants and “interested” parties
If you have questions about your standing in your state, contact D’Amico Law Offices to get the answers you need.
How Long Do I Have To File A Wrongful Death Suit?
Due to time-limiting statutes of limitations in different states, your window of opportunity to file a wrongful death claim may fall anywhere between 1-6 years after you discover the cause of death. Do not hesitate in reaching out to D’Amico Law Offices at 412-906-8180 — one phone call today could make a world of difference for the health and stability of your family’s future.