Stroudsburg Wrongful Death Attorney
Many people fail to realize that — in Stroudsburg, Pennsylvania, as in other cities and states — when a loved one has died due to the fault of another, then the surviving family members in certain cases may be entitled to sue and recover damages for wrongful death.
What is a wrongful death claim, exactly?
Wrongful death claims are brought by the surviving family members of the deceased. The claim for damages is based on the particular losses suffered by the survivors — not the losses suffered by the deceased. For example, the surviving spouse of the deceased may have suffered a variety of losses as a result of their spouse’s wrongful death, such as emotional distress and the loss of their spouse’s significant financial support.
Not every person who is meaningful to the deceased is entitled to recover wrongful death damages, however. Pennsylvania implements certain rules to ensure that only a limited subset of surviving family members can sue and recover damages.
The Right to Recover
Pennsylvania law gives the right of recovery to certain surviving beneficiaries: the children, parents, and spouse of the deceased. This does not require blood relation (formally adopted relatives are functionally equivalent in this respect). It’s worth noting that others may be entitled to wrongful death damages if they can demonstrate that they were sufficiently financially dependent on the deceased.
Importantly, a wrongful death claim is only actionable if the defendant engaged in negligent, reckless, or intentional conduct that caused your loved one’s death. That your loved one died is not enough to give rise to a wrongful death lawsuit — you must show that the defendant engaged in wrongful conduct that resulted in your loved one’s death.
Damages in Wrongful Death Lawsuits
Damages that you may be entitled to recover in a wrongful death lawsuit include, but are not necessarily limited, to:
- Medical expenses that you paid for the deceased
- Funeral expenses that you paid for the deceased
- Loss of companionship
- Loss of consortium (marital relationship)
- Loss of parental guidance
- Loss of love and affection
- Loss of financial support
- Loss of domestic services
- And more
For example, suppose that you lose your mother to a motor vehicle accident in Stroudsburg that was caused by the defendant-driver’s negligent operation of their vehicle. You lived with your mother, who provided both financial support and domestic services to you and your family. You could sue and recover damages for the lost financial support that you are no longer being provided, as well as the value of the lost domestic services that were provided, among various other damages (i.e., lost love and affection, lost companionship, etc.).
Consult With a Qualified Stroudsburg Wrongful Death Attorney as Soon as Possible
Here at Drake, Hileman & Davis, PC, our attorneys have nearly a century of combined experience litigating wrongful death claims, personal injury claims, and medical malpractice claims, among others. We are committed to providing personalized legal advocacy, and from the beginning of the litigation process, we make ourselves available 24/7 to answer any questions our clients may have. We work tirelessly to ensure that we provide effective representation while keeping our strategic objectives aligned with those of our clients.
As litigators, we respect and understand the role that one’s emotional state plays in the litigation process — wrongful death lawsuits are not only challenging from a legal perspective, but they are also emotionally challenging. Clients may be struggling with the grieving process while simultaneously attempting a wrongful death lawsuit. Given these difficulties, it’s important that wrongful death claimants work with attorneys who are capable of navigating litigation in a way that obtains favorable results without needlessly extending or exacerbating the hostility of the process.
Call (888) 777-7098 today to connect with a Stroudsburg wrongful death attorney here at Drake, Hileman & Davis, PC. Initial consultation is free, and we will assess your claims to determine whether you are entitled to recover damages for wrongful death.
We look forward to speaking with you.