Philadelphia Wrongful Death Attorneys
We cannot bring someone back to life.
We can help their survivors.
According to Pennsylvania law, “wrongful death” is any fatality that results from another person’s negligence, wrongful act or illegal violence. However, if you are coping with the wrongful death of a loved one, you know that this definition does not include the extreme emotional pain and economic hardship faced by those left behind. When someone dies due to the legal fault of another person, a private company, manufacturer or government agency, the victim’s survivors may be able to bring a wrongful death lawsuit against the liable party or parties. Still, survivors are rarely able to file and fight such a claim alone. Our wrongful death attorneys can take on the burden of a legal claim for you and work for justice for your loved one while you recover.
At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. we know the loss of a loved one is an incredibly trying time. That is why our wrongful death lawyers exhibit the highest level of professionalism and sensitivity when pursuing these types of claims. Typically, a wrongful death lawsuit will seek financial compensation for the survivors, including loss of companionship, pain and suffering and more. Our attorneys have experience representing wrongful death claims for a wide range of accidents. In one of the largest construction site accident settlements in history, we recovered $101 million for the injury and wrongful death victims of the Tropicana parking garage collapse.
Wrongful Death Claims: Causes and Compensation
Examining the damages in a wrongful death claim is a complicated task because many of the injuries felt by the survivors are not physical. For example, you may be able to recover for your emotional pain, but this is difficult to quantify. Additionally, the types of damages you may seek may depend on the cause of the wrongful death. For example, if your loved one’s death resulted from dangerous medication, you may be able to seek additional damages for product defects. Depending on the circumstances, this may include punitive damages, which punish the responsible party for recklessness or intentional harm.
Compensation for losses may include:
- Emotional pain and suffering
- Final medical expenses
- Funeral expenses
- Loss of anticipated earnings
- Loss of guidance and tutelage
- Lost companionship
- Loss of society
Common causes of wrongful death
Who Can File a Wrongful Death Claim?
Each state has its own laws concerning who may file a wrongful death claim. Generally, only close family members may recover damages in this type of action, but this may depend on where you live. Therefore, you should always check with an experienced wrongful death lawyer in your area to learn your legal rights.
In Pennsylvania, only the “personal representative of the decedent” may bring a wrongful death claim. This representative, who may be an attorney or the executor of the victim’s estate, files the claim on behalf of the beneficiaries. If, however, the representative does not file a case within six months of the date of death, then any beneficiary may file a claim. In the event that multiple claims are filed, the court generally consolidates them into one case. This can be confusing, as Pennsylvania law does not explicitly define who may be a “beneficiary”. Typically, a beneficiary may be a:
- Spouse, including common law spouses
- Parent, including foster, step and adoptive parents
- Child, including adoptive, step and foster children
However, other parties may also be beneficiaries in certain cases. For example, if the victim has no surviving spouse, parents or children, more distant relatives may be able to recover. Consult with the attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. to learn whether you may claim compensation for a loved one’s wrongful death.
Need Legal Help? Contact Our Wrongful Death Attorneys Today
A wrongful death claim is unlike any other kind of personal injury lawsuit. These claims require not only experience with the types of damages owed to survivors but also the compassion and understanding necessary to work with grieving families. At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., our Philadelphia wrongful death attorneys understand the difficulties faced by those left behind because we focus our practice on catastrophic injury and wrongful death cases.
Contact our lawyers online or call our law offices in Philadelphia, Pennsylvania or Cherry Hill, New Jersey to schedule a free initial consultation today. We cannot undo the circumstances that caused your loved one’s wrongful death. But we can work to ensure you have the compensation you need to begin recovering.