Wrongful Death

Losing someone close to you is a heart wrenching event. It can feel impossible to move forward after losing a loved one, and there is always an extended time of grieving. If your loved one became ill or was fatally injured due to another party’s negligence, it can be even more difficult to accept. You want justice, and we can help.

At the Pennsylvania law office of Caroselli, Beachler & Coleman, L.L.C., we represent the surviving families of people who become fatally ill or fatally injured due negligence of all kinds. Our attorneys bring wrongful death lawsuits throughout Pennsylvania and across the United States to pursue maximum compensation for those who have lost loved ones.

Contact our office today to schedule a free consultation. One of our experienced wrongful-death attorneys will review your situation and explain your rights and legal options during this difficult time.

Pennsylvania Wrongful Death Lawsuits

“Wrongful death” is a legal term for a death that is the result of a negligent or reckless act, such as in a car accident caused by another driver or a defective vehicle or negligent repair. By filing a lawsuit, family members can hold a negligent or reckless actor accountable for the harm caused.

Typically, the events that constitute a wrongful death must be the same sort of events that would give rise to a personal injury claim. In other words, the decedent would be entitled to file a personal injury lawsuit had their death not occurred. Instead, someone close to the decedent brings the action to seek compensation for damages related to the event that resulted in their death.

Wrongful deaths may arise from many circumstances. At Caroselli, Beachler & Coleman, L.L.C., we represent clients in lawsuits related to many different accidents or events that resulted in someone’s death. These include drownings, motor vehicle, motorcycle and trucking accidents, dangerous products and equipment, unsafe property, or medical negligence.

Who Can File a Wrongful Death Claim in Pennsylvania?

Title 42, Chapter 83 of the Pennsylvania General Statutes, Section 8301 defines who is permitted to file wrongful death claims in Pennsylvania. According to Pennsylvania law, only the personal representative of the decedent’s estate may file the lawsuit. Even though the suit can only be brought by the decedent’s personal representative, it is meant to be on behalf of the his/her beneficiaries. If no wrongful death claim is filed by the personal representative within six months, any of the other beneficiaries are permitted to file a claim. Proceeds from said claim being distributed among all wrongful death beneficiaries.

Damages in Wrongful Death Cases

Even though no amount of money could ever replace a loved one, a wrongful death lawsuit allows relatives to collect fair compensation for their loss. This is especially critical if the decedent left behind young children and/or a spouse who depended on the decedent for support. By bringing a successful wrongful death action in Pennsylvania courts, families gain the resources they need to move forward with their lives.

If the defendant, or the party that was responsible for the death of your loved one, is also facing criminal charges, this is different from a wrongful death civil claim. While some justice may be served with a criminal conviction, you still have the right to seek monetary damages.

Some of the damages that may be available in a Pennsylvania wrongful death case include:

• Medical expenses incurred before death
• Funeral and burial expenses
• Lost income and benefits, past and future, including any amount that the deceased would have contributed to family support had he or she survived
• Compensation for the loss of household services
• Compensation for the loss of comfort, moral guidance, and support
• Estate administration expenses
• Compensation for pain and suffering

Not all of these damages are available in every case. For example, damages such as loss of companionship, guidance, and comfort are meant to provide compensation to surviving family members when there is an untimely death. These damages are only available if the decedent had a spouse, children, or parents as survivors.

Statute of Limitations in a Wrongful Death Case

In Pennsylvania, there’s a statute of limitations that applies to wrongful death claims, giving families just two years from the date of death to commence an action. Because your time is limited, and because some events can impact the timing of the statute of limitations on a case, it is important to speak with an attorney as soon as possible. Your lawyer may also need to conduct an independent investigation to preserve critical evidence that will be needed to prove your case.

When to Speak to a Wrongful Death Lawyer

Regardless of how your loved one was fatally injured, it is critical to consult with an attorney about your legal options before you take action yourself. By settling with an insurance company, you may fail to take into account certain matters, leading to a low and unfair settlement award.

Wrongful death cases are filled with emotion. When you are grieving, you should avoid making any major decisions without first talking to a lawyer. You shouldn’t enter into a settlement, sign any releases, or make any agreements with an insurance company or their attorneys.

The best way to protect your interests is to talk with an experienced personal injury lawyer.

Pennsylvania Wrongful Death Attorneys You Can Trust

Wrongful death causes financial and emotional hardship for family members. The wrongful-death attorneys at Caroselli, Beachler & Coleman, L.L.C. provide personalized, aggressive, effective investigation and representation in wrongful death cases.

Wrongful death claims can be incredibly complex. You may have to deal with an insurance claim, workers’ compensation, or file a lawsuit in court, all of which have different applicable procedures and laws. Instead of attempting to navigate these issues yourself, contact our trusted and experienced wrongful death lawyers.

We have more than 45 years of experience helping families recover after serious and devastating losses. We know that this is a difficult time, and our priority is to protect your rights and fight for maximum compensation in your case.

Nothing can take away the pain of your loss, but our attorneys will provide the support you need to grieve on your own terms. We urge you to contact us to speak with a lawyer who understands the emotional and legal issues you are going through. We provide free consultations, and we handle wrongful death cases on a contingency fee basis – which means no out of pocket risk to you.

To arrange a free, confidential consultation, please contact our office in Pittsburgh at 412-391-9860. You may also reach our office toll-free at 866-466-5789 or fill out our contact form for a prompt response.