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 FAQs

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 allows surviving family members to seek compensation when a loved one’s death was caused by another party’s negligence or wrongdoing, including medical malpractice, car accidents, defective products, or unsafe conditions. Each state has its own wrongful death statute defining which family members may file and what damages they can recover.

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

    Wrongful death claims are subject to a statute of limitations, the legal deadline for filing a lawsuit. This deadline varies by state and generally runs from the date of death, though exceptions may apply depending on the circumstances. Because deadlines differ and evidence can be lost over time, it’s important to speak with an attorney as soon as possible.

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

    Wrongful death damages commonly include funeral and burial expenses, the decedent’s final medical bills, lost financial support and services the decedent would have provided, and in some cases lost future income. Available damages vary by state, so it’s important to consult an attorney familiar with your jurisdiction.

  • Who can file a wrongful death claim?

    Wrongful death claims are typically filed by a personal representative of the deceased’s estate on behalf of surviving family members, such as a spouse, children, or parents. Eligibility to file varies by state law.

  • What has to be proven in a wrongful death case?

    To succeed in a wrongful death claim, you generally need to show that the death was caused by another party’s negligence or wrongdoing, that this caused the death, and that surviving family members suffered measurable losses as a result.

  • How much does it cost to hire a wrongful death attorney?

    Most wrongful death attorneys work on a contingency fee basis, meaning you don’t pay upfront and only owe attorney fees if your case results in compensation.

  • What types of incidents commonly lead to wrongful death claims?

    Wrongful death claims can arise from medical malpractice, car and truck accidents, defective products, workplace accidents, and other situations involving negligence. The cause of death plays a key role in determining how the claim is pursued.

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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