Wrongful Death Lawyers

We are here to assist families who have lost a loved one.

Our attorneys have decades of experience in wrongful death lawsuits. We’ve helped families dealing with tragic wrongful death cases in Philadelphia, PA, New Jersey, and nationally.

Wrongful death claims involve an untimely death of a loved one due to another’s negligent or reckless conduct. It can be hard to understand the differences between a wrongful death claim and a medical malpractice lawsuit. But these differences can be important and can impact who can bring a claim and what damages are available.

Wrongful Death Lawsuits

Cases involving a death are known as wrongful death cases because the right to bring such a lawsuit was created by a Wrongful Death statute. Historically, the common law did not recognize the right to bring a claim seeking damages for death and so, legislatures around the country and the federal government created the right. Wrongful Death Acts give certain family members of a person who died the right to seek damages for the losses they suffered because of their family member’s death. Whether the death was caused by medical malpractice, a car accident, a slip and fall accident, or a defective product, Wrongful Death statutes permit surviving family members to bring a claim.

Wrongful Death Lawsuit information

When medical malpractice leads to wrongful death, a lawsuit must be brought under the Wrongful Death Act for the damages resulting to the decedent’s family members and the Survival Act to compensate the decedent’s estate for any pre-death damages.

  • What does a Wrongful Death Claim Involve?

    A wrongful death claim due to medical malpractice can take two to five years to complete, depending on where the lawsuit is filed and the nature of the case. Damages typically include the decedent’s final medical expenses and funeral expenses. Every state has its own wrongful death act listing the family members who may recover damages and the nature of the damages they may claim. For example: a wrongful death claim in Pennsylvania may have different requirements than a w wrongful death Claim in New Jersey. You’ll need an experienced wrongful death attorney to work with you on your case.

  • What are the Time Limits in Wrongful Death Medical Malpractice Cases?

    Each state’s medical malpractice system sets its own limits on the amount of time you have to file suit. These limitations vary widely by state, but you generally have about two years to file a claim. By consulting with an attorney today, you avoid the risk of running out of time and jeopardizing your rights.

  • What Damages Can I Seek in a Wrongful Death Case?

    Typically, wrongful death lawsuits compensate certain family members for the financial support provided by the decedent; the value of the services he or she provided to them; and funeral expenses and medical bills. In some jurisdictions, such as Philadelphia and Pennsylvania, the estate may recover the decedent’s future lost wages but not beyond what would have been used to support their family members.

    It’s critical that you consult with a wrongful death attorney to understand your rights and what types of compensation you can seek.

How Much is a Wrongful Death Settlement Payout?

In general, the primary consideration is the deceased person’s life circumstances, his or her work, any family he or she supported, and the nature of his or her injuries and damages. These damages can also include final medical expenses and the cost of their funeral.

How Can I File a Wrongful Death Lawsuit?

To file a lawsuit for wrongful death, you first have to determine whether a wrongful death occurred. Each state has slightly different definitions of the term — for example a wrongful death lawsuit in Philadelphia will be different from a wrongful death lawsuit in New Jersey — so an attorney can help you figure out how your state defines wrongful death.

Who Can File a Wrongful Death Lawsuit?

Every state limits who can file a lawsuit for wrongful death due to medical malpractice. Some states require the plaintiff to be the executor of the decedent’s will. Others allow surviving spouses, parents, or children to sue. Other states extend the eligibility to siblings and other relatives.

 

 

Contact a Wrongful Death Lawyer Today

The wrongful death and medical malpractice attorneys at Cohen, Placitella & Roth, P.C. have decades of experience and have helped families dealing with the tragedy of wrongful death. Contact us today for a free consultation.

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