What You Need to Know About Filing a Wrongful Death Claim in Pennsylvania

If you are coping with the sudden and unexpected loss of a loved one, it is important to try to make sure that you are making informed decisions with your family’s long-term best interests in mind. This includes making informed decisions about whether to file a wrongful death claim. While hiring a lawyer and taking legal action can initially seem overwhelming, there are clear steps to follow, and an experienced lawyer will be able to guide you every step of the way.

When Should You Consider Filing a Wrongful Death Claim?

So, when should you consider filing a wrongful death claim? Under Pennsylvania law, grieving families can file wrongful death claims in various circumstances, including:

• Fatal car, truck, SUV, motorcycle and bus accidents
• Fatal bicycle and pedestrian accidents
• Fatal ATV, side-by-side, four-wheeler and dirt bike accidents
• Fatal falls, electrocutions, and other premises-related accidents
• Fatal accidents involving all types of dangerous and defective products

In many cases, filing a wrongful death claim involves dealing with the at-fault party’s insurance company. For example, if your loved one was killed by a distracted, drunk or speeding driver, then seeking accountability may involve dealing with the driver’s insurance company. But employers can also be held liable for their employees’ negligence, and businesses can be held liable for failing to maintain their premises or selling dangerous products. Depending on the circumstances involved, fatal accidents can give rise to a variety of other claims as well.

Determining what claim (or claims) your family should file is one of the first ways an experienced wrongful death lawyer will be able to help you. Once you engage a lawyer, your lawyer will be able to conduct a comprehensive investigation, and then your lawyer will be able to advise you regarding your next steps.

How Soon Should You Talk to a Lawyer About Your Family’s Legal Rights?

If you have reason to believe that a person or company may be responsible for your loved one’s death, you should talk to a lawyer about your family’s legal rights promptly. While you may technically have up to two years to assert your family’s legal rights after the fatal accident, it is important not to wait to take legal action. Here are just some of the reasons why:

• Key evidence can disappear quickly, so you will want to hire a lawyer to conduct an investigation as soon after the fatal accident as possible.
• Waiting to take legal action can give the insurance companies more opportunities to introduce additional challenges and delays into the process.
• Determining what claim (or claims) your family should file can take time, and it is critical to ensure that you are making sound decisions about which claim (or claims) to pursue.
• Since you can seek financial compensation for your family’s present and future losses, there is no reason to wait to take legal action.
• The sooner you hire a lawyer to take legal action on your family’s behalf, the sooner your family’s claim (or claims) will be resolved.

Talking to a lawyer costs you nothing. At Drake, Hileman & Davis, P.C., we provide free, no-obligation consultations, and we are more than happy to help you decide whether it makes sense to take legal action as a result of your loved one’s untimely death. If you decide to take legal action, our lawyers will represent your family on a contingency-fee basis, which means our legal fees (if any) will be calculated as a percentage of your family’s financial recovery if your case is successful.

What Can You Expect from the Process?

As we mentioned above, many (in fact, most) wrongful death cases involve dealing with insurance companies. However, you do not have to deal with the insurance companies on your own. When you hire a wrongful death lawyer to represent your family, your family’s lawyer will deal with the insurance companies directly while keeping you informed and involved as necessary.

There are two key stages in the insurance claim process after a fatal accident. The first stage is the determination of liability. At this stage, our lawyers use the evidence that is available to convince the insurance companies that they are legally responsible for what happened.

If the insurance companies accept liability, then the next stage involves determining how much the insurance companies are going to pay. Here, too, our lawyers use the available evidence to prove our clients’ legal rights. In the vast majority of successful cases, wrongful death claims are resolved via an out-of-court settlement between the parties involved.

When the insurance companies are unwilling to accept liability or make a fair settlement offer, then we take our clients’ wrongful death claims to court. Claims still can—and often do—settle at this stage. However, if you do not receive an acceptable settlement offer before trial, we will use our experience to fight for just compensation on your family’s behalf.

How Do You Get Started?

While there are several steps involved in pursuing a wrongful death claim in Pennsylvania, the first step is easy. All you have to do is get in touch. Once you contact us, we will arrange for you to speak with one of our wrongful death lawyers in confidence as soon as possible. After this free, no-obligation consultation, you will have a better understanding of your family’s legal rights, and you should feel confident taking your next steps—whatever those next steps might be.

Schedule a Free, No-Obligation Consultation with a Pennsylvania Wrongful Death Lawyer Today

Do you have questions about filing a wrongful death claim in Pennsylvania? If so, we strongly encourage you to get in touch. Our lawyers are here to help, and we are more than happy to help ensure that you are making the right decisions for you and your family. To speak with an experienced Pennsylvania wrongful death lawyer in confidence as soon as possible, please call 888-777-7098 or request a free, no-obligation consultation online today.