Wrongful Death Attorney Scranton
When someone’s death is the legal fault of another person, the law deems it wrongful death. Wrongful death differs from a murder claim in that wrongful death stems from someone else’s negligence, not a willful intent to kill. If someone else’s negligence, carelessness, or breach of duty caused the death of your loved one, Pennsylvania civil law gives the surviving family members a way to recover damages. Speak to the attorneys at Rosenbaum & Associates for details about your specific case.
When Should You Sue for Wrongful Death?
The death of a loved one is a terrible shock that no family should have to endure. Unfortunately, fatal accidents occur every day under numerous circumstances. While not every untimely death is grounds for a wrongful death claim, some are. Here are a few examples of when a family may be able to sue for wrongful death:
- Motor vehicle accident – If a car, truck, motorcycle, bicycle, or pedestrian accident took the life of your loved one, seek legal counsel. This common cause of wrongful death demands legal attention.
- Medical malpractice – Misdiagnosis, delayed diagnosis, medication errors, negligent care, surgical and anesthesia errors, nursing home negligence/abuse, and birth injuries resulting in death are all examples of cases that may merit a wrongful death claim.
- Defective products – If a product such as a malfunctioning seatbelt or defective medical device caused your loved one’s death, you may have grounds for a wrongful death suit based on product liability laws.
- Workplace accident – When a worker dies on the job, the employer or a third party may be liable. This may be the case if hazardous workplace conditions existed, or if the employer failed to prepare employees properly to handle dangerous situations.
- Premises liability accident – Fatal dog attacks, swimming pool accidents, inadequate security, slips, trips, and falls, and parking lot accidents may all be grounds for a wrongful death lawsuit if the property owner breached his or her duty to maintain a reasonably safe premises, resulting in death.
- Criminal activity – Physical attacks and assaults can tragically end in someone’s death. If an individual committing an unlawful act led to the loss of a loved one, you can hold the attacker responsible in both a criminal proceeding and a wrongful death claim in the civil courts.
In Pennsylvania, only a representative of the deceased person’s estate can file a wrongful death claim. However, if the personal representative has not filed the wrongful death claim within six months of the death, any beneficiary of the decedent’s estate can file the claim on behalf of all beneficiaries. A person has two years from the date of the death to file a claim in Pennsylvania. Do not delay – speak to an attorney as soon as possible after suffering a loss. Filing a wrongful death claim can lead to compensation for your family’s mental anguish and losses, as well as damages incurred between the date of the accident and the date of death.
Wilkes-Barre & Scranton Wrongful Death Lawyer
Rosenbaum & Associates has been a nationally recognized law firm for the last 25 years. With extensive experience in all types of personal injury and wrongful death cases, we are a caring and capable firm serving residents of the Wilkes-Barre and Scranton areas. Our goal is to help your family in any way we can in the aftermath of an accident that takes a loved one’s life. Our aggressive representation can help you fight insurance companies and ensure your family receives fair compensation. To speak with an experienced attorney about your recent negligence-related loss, contact personal injury lawyers today for a free case evaluation.