What Families Should Know About Wrongful Death Claims After a Fatal Montgomery County Accident

When a loved one dies due to the negligent or reckless behavior of another person, it is a tragic situation to say the least. On top of the grief and sadness, a family must contend with a range of additional challenges. From medical bills to the lost wages of the deceased, the circumstances of a family are forever changed after a sudden death. 

Fortunately, Pennsylvania has wrongful death laws that offer families an opportunity to address the wrongs committed against them and their loved one by another person. Holding any bad actors responsible for their actions and recovering maximum compensation for loved ones are the twin aims of a wrongful death claim. 

Essential Information Regarding Wrongful Death Claims in Montgomery County

A person acting with negligent, reckless, or intentionally dangerous behavior is a risk to those people around them. When a person dies because of that behavior, it may be classified as a wrongful death. 

When considering a wrongful death scenario, a good rule of thumb is to consider whether, had the deceased not passed away, the person would have been able to file a personal injury lawsuit. If the answer to that question is “yes,” then it is likely that the deceased’s family would be able to file a wrongful death claim. 

Those people eligible to act as beneficiaries under Pennsylvania’s Wrongful Death Act are spouses, children,n and parents of the deceased individual. Other relatives have choices to pursue claims against the at-fault party if a spouse, child, or parent does not survive the deceased. 

At the core of the wrongful death statutes is a pathway for family members of the deceased to receive financial compensation. We have noted medical expenses and lost wages as two primary concerns for a family after a loved one passes away. Additionally, expenses specific to the funeral may also be considered in a wrongful death claim. 

What are the Most Common Causes of Death in a Wrongful Death Claim?

There is a nearly unlimited number of potential causes of death in a wrongful death case. However, there are a handful of circumstances that arise more than others in wrongful death cases:

• The failure to maintain property safely may lead to a premises liability-based wrongful death claim. Perhaps the most common type of premises liability case is a slip and fall. Poorly lit parking lots, dangerous conditions on land, or even poorly secured areas can also lead to premises liability-based wrongful death claims.
• Car accidents are the quintessential personal injury claim. Operating a motor vehicle is a major responsibility. When an individual drives a vehicle in a distracted, impaired, or otherwise dangerous manner, injury or even death is an unfortunate result of those actions. 
• The standards of care regarding medical providers are high to ensure that patients receive the best care possible. Unfortunately, when these standards are not met, the consequences may be severe. 

What Damages are Available in Wrongful Death Claims?

Generally speaking, the two categories of damages available for claimants in a wrongful death matter include economic and non-economic damages. 

Economic damages are those that can be measured using dollars and cents. Examples of economic damages that a family may suffer as a result of a wrongful death include lost wages, medical bills, as well as funeral expenses. When economic damages are awarded in a wrongful death claim, they are oriented towards helping families achieve a similar financial stability as if the deceased had not passed away. 

On the other hand, non-economic damages are not easily measured in terms of dollars and cents. The relational losses in a wrongful death case – companionship, for example- have a value that must be put into terms of dollars if it is to be awarded. The circumstances of a case may allow for expanded non-economic damages if the deceased was a parent to minor children. 

The Steps Involved in a Wrongful Death Claim

Understandably, getting to the bottom of what occurred during the wrongful death claim is an important part of the case. Oftentimes, the circumstances surrounding the wrongful death of a person are complex. It is sensible for a representative serving the deceased’s family to investigate the events. Evidence like police reports, witness statements, video surveillance, medical records, and any other available evidence should be heavily scrutinized. 

There is a limited amount of time for filing a wrongful death claim. A personal representative of the deceased must file the claim at most two years after the person has passed away. After two years have passed, the claim loses its viability, and the family of the deceased will not be able to recover damages.

One of the most critical phases of a wrongful death claim is known as Discovery. Within the Discovery phase, all of the above evidence is made available to both the at-fault party and the deceased’s family. This allows everyone to plan their case, determine the strengths and weaknesses of both sides, and determine an appropriate level of damages to pursue.

Once the at-fault party, or their insurance company, has accepted fault for the wrongful death of an individual, the case shifts into negotiation. Both the at-fault party and the deceased’s relatives will attempt to negotiate a settlement regarding damages. Those lost wages, loss of the relationship with the deceased, medical expenses, and funeral expenses are all considered. With diligent preparation and effective use of available evidence, a deceased’s family can continue to recover from the untimely loss of a loved one. 

Contact Anthony C. Gagliano, III, Esquire, P.C. for a Free Case Review

Suffering the loss of a loved one is a traumatic experience for a family. When a wrongful death has ended a person’s life, there are distinct advantages to being served by a Montgomery County wrongful death lawyer. Anthony C. Gagliano, III, Esquire, P.C. focuses on the well-being of his clients and works tirelessly to help them achieve their goals. Contact our office today for a free case review.