Coatesville Wrongful Death Attorneys

What Is the Deadline for Filing a Wrongful Death Claim?

In Pennsylvania, the deadline or statute of limitations for wrongful death claims is generally two years from the date of the fatality. Claims against government entities or agencies are subject to stricter rules, including a shortened six-month deadline. We can determine which statute applies to your case and help you file a prompt claim within the appropriate deadline to protect your right to damages. 

What Evidence Is Required to Prove a Wrongful Death?

Proving fault in a wrongful death claim requires four key elements:

1. The defendant owed the decedent a duty of care, such as obeying posted speed limits or following OSHA regulations in the workplace. 
2. The defendant breached their duty through negligence, such as driving while impaired or failing to repair known hazards at their business or property.
3. The death would not have occurred if not for the defendant’s negligence (causation). 
4. The death resulted in compensable harm (damages) to the surviving family members.

We can help you gather strong evidence to meet the burden of proof in your case, such as police reports, medical records, witness statements, expert testimony, safety inspection reports, and employment or maintenance records that show the defendant’s negligence and its connection to the fatal injury.

How Is Compensation Divided Among Family Members in Wrongful Death Claims?

By law, compensation in wrongful death cases is restricted to spouses, children, and parents. The court follows a certain structure to distribute damages fairly in wrongful death cases. Some possible outcomes include: 

• No surviving spouse or children. The settlement proceeds usually go to the decedent’s parents.
• Surviving spouse, but no children. In these cases, the proceeds go to the surviving spouse.
• Surviving children, but no spouse. The proceeds are split equally between the descendants. 
• Surviving spouse and children. The spouse is entitled to the first $30,000 and half of the remaining proceeds. The remainder is split among the children.
• No surviving children, spouse, or parents. The decedent’s surviving siblings can receive the final settlement. 

What Affects the Final Settlement in a Wrongful Death Case?

The value of a wrongful death claim depends on the facts of the case and the specific losses incurred. Some influencing factors include:

Liability Disputes

When the defendant’s responsibility for the fatal accident is undisputed or well-established, the potential for a strong settlement increases. We compile thorough evidence to demonstrate negligence and pursue the highest possible recovery. 

Comparative Negligence

If the decedent was partially responsible for the incident, the final recovery may be reduced in proportion to the fault assigned. We can analyze all circumstances to minimize fault attribution and advocate for maximum compensation.

Financial Circumstances

Lost wages, benefits, and future earning potential can impact damages. Our lawyers can assess the decedent’s income, career trajectory, and contributions to calculate fair compensation for surviving family members.

Non-Economic Losses

Loss of companionship, guidance, and support are factored into wrongful death claims. We can document intangible losses and present compelling evidence that reflects the true value of the emotional harm suffered. 

Insurance & Defendant Resources

The defendant’s insurance coverage or assets can affect the final settlement amount. Our attorneys take insurance limits into account and negotiate strategically with opposing parties to pursue the maximum recovery available under the law.

What Is the Difference Between Wrongful Death & Survival Actions?

Pennsylvania law allows two claims to be brought in a single lawsuit following a fatality: wrongful death and survival actions (42 Pa. C.S.A. § 8302). Each claim seeks compensation for different losses and benefits different parties. 

A wrongful death claim compensates immediate family members for economic and non-economic damages, while a survival action is filed by the decedent’s estate and compensates for losses the decedent could recover if they were still alive.

Our lawyers can review your family’s circumstances and recommend the strongest path forward for maximizing your recovery. We leave no stone unturned in our pursuit of justice to advocate for a settlement that reflects both financial and emotional losses.

Seeking justice in a wrongful death lawsuit can be challenging, but you don’t have to fight alone. Call (215) 610-3440 to schedule a free consultation.