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Accident victims initiate wrongful death actions assisted by Pennsylvania attorneys.

Pennsylvania – August 21, 2021

What is a wrongful death action?

A wrongful death legal action is a particular type of lawsuit that is brought by loved ones of someone who dies because of the negligent, reckless, or deliberate act of someone.  Damages in these lawsuits can include:

  • Medical bills from the time of injury until death,
  • Funeral and burial expenses,
  • Compensation for lost wages a loved one would have earned had he lived to his normal life expectancy,
  • Compensation for the pain and suffering endured by the surviving family members due to their loved one’s absence,
  • Punitive damages that are intended to punish the person who caused the death,
  • Estate administration expenses.

State statute and liability.

Losing a loved one is devastating, but loved ones must hold negligent drivers accountable for that loss. Contact skilled legal counsel who will build a case under Title 42, Chapter 83 of the Pennsylvania General Statutes, Section 8301, defining wrongful death as one that is “caused by the wrongful act, or negligence of another.”  Beneficiaries must be mindful of Pennsylvania’s two year statute of limitations for wrongful death legal action and contact an experienced accident attorney soon after a catastrophic accident for legal direction.

Determining liability after a motor vehicle accident is difficult and reports from witnesses, police and medical personnel will become especially important documents to build a strong case for negligence against a driver who caused a wrongful death to a loved one.  An experienced personal injury attorney can be of assistance in helping family members file a wrongful death claim and actions of the other driver will be considered when settlements are estimated.

Damages.

Insurance compensation for any loss sustained as a result of a vehicle accident may be possible in the State of Pennsylvania.  Call an accident attorney who can help support negligence by assigning  “fault” in a legal proceeding that addresses property damage, physical injuries, and wrongful death.

No fault.

Under Pennsylvania’s no-fault system, a driver may turn to his or her own insurance company for compensation for injuries up to the personal injury protection, or “PIP”  limit, regardless of fault. Drivers also have the right to circumvent Pennsylvania’s no-fault law and proceed directly against the at-fault driver under certain circumstances, including wrongful death claims. An experienced attorney at Scanlon & Wojton, LLC, can be of assistance with wrongful death insurance settlements.

 

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

 

Phone:  (412) 918-1241

Fax: (412) 235-7275

 

Sources:

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=83&sctn=1&subsctn=0

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