Losing a loved one in a car accident is an unimaginable heartbreak. Families often find themselves reeling in shock and grief, struggling to cope with the emotional fallout. Amid this turmoil, practical and legal matters can feel overwhelming. This is where a wrongful death attorney can provide essential support.
In this blog, we will explore the key aspects of wrongful death claims, the steps you should take, and how an attorney can advocate for your family during this difficult time. Let’s take a closer look at:
- What is Wrongful Death?
- Common Causes of Wrongful Death
- The Emotional Toll of Losing a Loved One
- Steps to Take After a Wrongful Death
- The Role of a Wrongful Death Attorney
- How to Choose the Right Wrongful Death Lawyer
- What to Expect from the Legal Process
- How Our Wrongful Death Lawyers Can Help
What is Wrongful Death?
In Pennsylvania, a wrongful death occurs when an individual dies as a result of someone else’s negligence or intentional actions. This personal injury claim is intended to provide financial compensation to the deceased person’s surviving family members for their losses.
Common circumstances leading to wrongful death claims include car accidents, medical malpractice, workplace accidents, and defective products. There are two components to a wrongful death cause of action: the survival claim; and the wrongful death claim. In essence, if the deceased would have had grounds for a personal injury lawsuit had they lived, their family can seek a wrongful death claim to hold the responsible party accountable and recover damages for medical expenses, lost income, loss of guidance, companionship, comfort, consortium, and financial support, funeral costs, and emotional suffering.
Common Causes of Wrongful Deaths
Understanding the causes of wrongful death is crucial for families as it helps them identify potential claims and seek justice for their loved ones. One of the most prevalent scenarios is car accidents, where distracted or reckless driving significantly increases the risk of fatal collisions.
Similarly, medical malpractice is a serious concern; errors in diagnosis, treatment, or post-operative care can lead to devastating consequences for patients, sometimes resulting in untimely deaths.
In the workplace, unsafe working conditions can expose employees to hazardous environments, leading to fatal injuries that could have been prevented with proper safety measures.
Additionally, defective products pose a significant threat. Items that are poorly designed or manufactured can malfunction and cause lethal accidents, in which case you can file a wrongful death claim to hold the manufacturer, and possibly others, accountable for their negligence.
The Emotional Toll of Losing a Loved One
The emotional toll of losing a loved one is profound, and often overwhelming. Families may find themselves in a state of shock, struggling to accept the reality of their loss. This initial response can manifest as disbelief or numbness, making it difficult to process the situation fully.
As the shock begins to fade, grief sets in, often characterized by intense sorrow and mourning. This phase can vary significantly from person to person; some may feel an acute sense of emptiness, while others might be consumed by tears and despair. The absence of a loved one creates a void that can feel insurmountable, impacting daily life and routines.
In addition to shock and grief, families often grapple with anger, directing their frustration toward the responsible party or the circumstances that led to their loved one’s death. This anger can be a natural response to feeling powerless and can complicate the healing process.
Coupled with anger is a sense of guilt—survivors may wrestle with feelings of regret or blame for not being able to prevent the accident. These emotions can cloud judgment and make it challenging to focus on practical matters, such as pursuing legal claims or making important decisions. The interplay of shock, grief, anger, and guilt can create a tumultuous emotional landscape, making it essential for families to seek support as they navigate this difficult journey.
Steps to Take After a Wrongful Death
If you suspect your loved one’s death resulted from someone else’s negligence, consider the following steps:
- Gather Evidence: Collect relevant documents, including medical records, police reports, and witness statements. Obviously, with all of the emotions involved following a wrongful death, taking the time to gather evidence may not be feasible. These are tasks that a capable wrongful death law firm can handle, as well, to alleviate the burden on the grieving family.
- Consult a Wrongful Death Attorney: Speak with an experienced attorney to understand your rights and legal options.
- Pursue Wrongful Death and Survival Claims: Your attorney will guide you through the process of filing a wrongful death claim.
Important Information:
- Statute of Limitations: In Pennsylvania, you generally have two years from the date of death to file a wrongful death claim.
The Role of a Wrongful Death Attorney
A wrongful death attorney plays an essential role as a strong advocate for grieving families during one of the most challenging times of their lives. One of their primary responsibilities is conducting a thorough investigation into the circumstances surrounding the death. This investigation involves gathering crucial evidence, such as accident reports, medical records, witness statements, and expert opinions. By meticulously analyzing this information, the attorney can establish liability and identify the responsible parties.
This process not only helps build a solid case but also provides the family with a clearer understanding of how the incident occurred, offering some sense of closure amidst their grief.
In addition to investigation, wrongful death attorneys handle the critical tasks of identifying applicable insurance coverage and presenting the wrongful death and survival claims to the insurance companies involved in the most powerful and persuasive way possible. Insurance companies often aim to minimize payouts, which can lead to families receiving far less compensation than they deserve without the proper legal representation. An experienced attorney understands the tactics these companies may use and is skilled in advocating for fair compensation on behalf of their clients.
This includes not just covering immediate expenses like medical bills and funeral costs, but also considering long-term impacts, such as loss of income, loss of the guidance, companionship, and financial support the deceased loved one would have provided had they lived, and emotional suffering. If negotiations do not provide a satisfactory settlement, a qualified wrongful death lawyer is prepared to file a formal lawsuit and represent the family in litigation and court, if necessary.
This means advocating for the family’s rights before a judge and jury, ensuring their voices are heard, and fighting for justice. Through each step of the legal process, the attorney serves as a guiding force, helping families navigate their grief while pursuing the compensation they need to begin healing. It is of the utmost importance to have a true “trial lawyer” lawyer representing the family’s interests during the claim process. Insurance companies know which attorneys and law firms are truly court-tested, and, often, families represented by lawyers with significant courtroom experience can receive substantially more compensation.
How to Choose the Right Wrongful Death Lawyer
Choosing the right attorney can significantly affect the outcome of your case. Here are some things to consider:
- Experience: Look for a lawyer with a successful track record in wrongful death cases, including attorneys seasoned in litigation and jury trials.
- Reputation: Read client reviews and ask for recommendations to find a trustworthy attorney. No one is a better judge of the capabilities of a wrongful death law firm than clients who have previously been helped by the firm.
- Communication: Select someone who keeps you informed and is responsive to your concerns.
What to Expect from the Legal Process
Once you engage a wrongful death attorney, you can expect the following steps in the legal process:
- Consultation: This is when you’ll discuss the details of your case and evaluate potential claims. All of your questions should be answered, and you should feel completely comfortable with the wrongful death law firm you choose.
- Investigation: Your attorney will investigate the circumstances surrounding the death and procure any expert evidence that is necessary.
- Filing the Claim: Your attorney will prepare and present a thorough evaluation and demand package to the insurance companies, which present the wrongful death and survival claims as powerfully and persuasively as possible.
- Negotiations: Your attorney will negotiate with the other party’s insurance to secure a settlement that properly compensates the family.
- Trial: If negotiations fail, your case may proceed to litigation and trial, where your attorney will represent you vigorously. Top notch wrongful death lawyers always keep their clients completely apprised of where they stand and what is happening with the case, and they make sure that the clients are totally prepared for any involvement they may have in the proceedings, including depositions and court testimony.
Finding Justice and Support: How Our Wrongful Death Attorneys Can Guide You Through the Wrongful Death Claim Process
Navigating the complexities of a wrongful death claim can feel overwhelming, particularly when you are also grappling with the profound grief of losing a loved one. The emotional burden can cloud your judgment and make it difficult to focus on the legal steps that need to be taken.
During this incredibly challenging time, having a compassionate and dedicated wrongful death attorney by your side can provide the support and guidance you need and be the difference between receiving some compensation versus all of the compensation you are due. They can help you navigate the legal intricacies while you focus on healing and honoring your loved one’s memory.
If you or someone you know is facing this heartbreaking situation, please don’t hesitate to reach out for support. The attorneys at Georgelis, Larsen, and Sabatino Injury Law Firm are here to listen and help. We understand the sensitivity of your circumstances and are committed to seeking the justice and compensation your family deserves. We have handled many wrongful death and survival claims and recovered millions of dollars for families victimized by the negligence or recklessness of another.
Let us assist you during this difficult journey, ensuring that your rights are protected while you take the necessary time to heal. You are not alone; we are here to help you every step of the way.
