Filing a wrongful death claim after a car wreck might be the last thing on your mind when you\u2019re dealing with the loss of a loved one. However, it might be necessary to ensure you can cover the costs arising from the accident and get on with your life.<\/p>\n\n\n\n
In this post, we\u2019ll cover the basics of a wrongful death claim after a car accident and what you can expect throughout the process.<\/p>\n\n\n\n
According to IIHS-HLDI statistics<\/a>, over 42,000 people died in U.S. road accidents in 2022. Sadly, many of these crashes came about due to careless driving by one or more of those involved.<\/p>\n\n\n\n When negligent behavior causes a fatal car accident, the family members of the deceased person may have the right to file a wrongful death claim<\/a>. This civil action seeks compensation on behalf of the deceased\u2019s estate and surviving family members.<\/p>\n\n\n\n Pennsylvania law states that only the deceased\u2019s personal representative (usually the executor of the will) may file a wrongful death claim on behalf of eligible family members. If the personal representative does not file the claim within six months of the death, any of the beneficiaries entitled to recover damages can file the claim.<\/p>\n\n\n\n The claim can be filed on behalf of the spouse, children, or parents of the deceased person. These are generally the only family members who can benefit from wrongful death claims.<\/p>\n\n\n\n Negligence is a factor in almost all wrongful death cases related to road accidents (cases involving deliberate acts by defendants are the only exception to this). Four essential elements must be proven in your case in order for negligence to exist, namely:<\/p>\n\n\n\n Damages in a wrongful death claim fall into three broad categories. We discuss each one in detail here.<\/p>\n\n\n\n Economic Damages<\/p>\n\n\n\n These cover quantifiable losses such as medical bills, funeral costs, and lost income. You might also be entitled to economic damages covering lost benefits and inheritance, depending on your deceased family member\u2019s contributions to your household finances.<\/p>\n\n\n\n Noneconomic damages are designed to cover all losses that are not directly quantifiable in monetary terms. Examples include pain and suffering<\/a>, loss of companionship, and emotional distress.<\/p>\n\n\n\n Economic and noneconomic damages are collectively known as \u201ccompensatory\u201d damages, as they compensate your losses as a plaintiff. Punitive damages, on the other hand, do not directly compensate a loss, but instead punish the egregious behavior of defendants and aim to discourage similar conduct by others in future.<\/p>\n\n\n\n For this reason, they are not normally awarded; only conduct that is extremely reckless or malicious is sufficient for an award of punitive damages.<\/p>\n\n\n\n However, some auto accident cases do satisfy this standard, particularly if they involve impaired driving. If you\u2019re wondering whether you might be entitled to punitive damages, you should discuss the situation with an experienced car accident attorney<\/a>.<\/p>\n\n\n\n The value of a wrongful death claim in Pennsylvania will vary significantly based on the unique circumstances of each case. The most relevant factors include:<\/p>\n\n\n\n According to Pennsylvania\u2019s statute of limitations<\/a>, you have two years from the date of a deceased person\u2019s passing to pursue a wrongful death lawsuit. It\u2019s important to notice that the clock starts to run from the date of death, not the date of the accident. If you allow this deadline to pass, you will generally forfeit your right to pursue wrongful death compensation. \u00a0<\/p>\n\n\n\n However, it\u2019s important to realize that the statute of limitations isn\u2019t the only reason you should move quickly when it comes to wrongful death claims. The sooner you start the process, the easier it will be for your car accident attorney to build a winning case on your behalf. This is because it gets more difficult to gather strong evidence as time passes; memories fade, and it gets harder to track down relevant records and pieces of footage.<\/p>\n\n\n\n If you want to inquire about a potential wrongful death claim related to a Philadelphia road accident, contact us today<\/a> to schedule a free initial consultation.<\/p>\n\n\n\n If you want to prove negligence in a wrongful death claim related to a car accident, there are a number of different types of evidence that may be helpful. These include:<\/p>\n\n\n\n Losing a loved one in an accident is highly traumatic; when the accident is the result of some other party\u2019s avoidable carelessness on the road, it\u2019s even more upsetting. Filing a wrongful death lawsuit against the at-fault driver may help you to recover the damages you need to cover costs and start rebuilding your life. Contact the Cochran Firm in Philadelphia today to schedule a free initial consultation about your case. You can reach us via our online contact form, or you can call 800-969-4400.<\/p>\n","protected":false},"excerpt":{"rendered":" Filing a wrongful death claim after a car wreck might be the last thing on your mind when you\u2019re dealing with the loss of a loved one. However, it might be necessary to ensure you can cover the costs arising from the accident and get on with your life. In this post, we\u2019ll cover the […]<\/p>\n","protected":false},"author":50,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_seopress_robots_primary_cat":"none","_seopress_titles_title":"Filing a Wrongful Death Claim After a Car Wreck in Philly","_seopress_titles_desc":"Learn how to file a wrongful death claim after a car wreck with The Cochran Firm.","_seopress_robots_index":"","_seopress_analysis_target_kw":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-2371","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.cochranfirm.com\/philadelphia\/wp-json\/wp\/v2\/posts\/2371","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cochranfirm.com\/philadelphia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cochranfirm.com\/philadelphia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cochranfirm.com\/philadelphia\/wp-json\/wp\/v2\/users\/50"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cochranfirm.com\/philadelphia\/wp-json\/wp\/v2\/comments?post=2371"}],"version-history":[{"count":0,"href":"https:\/\/www.cochranfirm.com\/philadelphia\/wp-json\/wp\/v2\/posts\/2371\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.cochranfirm.com\/philadelphia\/wp-json\/wp\/v2\/media?parent=2371"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cochranfirm.com\/philadelphia\/wp-json\/wp\/v2\/categories?post=2371"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cochranfirm.com\/philadelphia\/wp-json\/wp\/v2\/tags?post=2371"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Who Can File a Wrongful Death Claim?<\/h3>\n\n\n\n
Key Elements of a Wrongful Death Claim<\/h3>\n\n\n\n
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What Damages Are Available in a Wrongful Death Claim?<\/h2>\n\n\n\n
Noneconomic Damages<\/h3>\n\n\n\n
Punitive Damages<\/h3>\n\n\n\n
How Much Is My Wrongful Death Claim Worth?<\/h2>\n\n\n\n
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Statute of Limitations for Wrongful Death Claims<\/h2>\n\n\n\n
Proving Negligence in an Auto Accident Wrongful Death Claim<\/h2>\n\n\n\n
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Philadelphia Car Accident Lawyers Who Get Results in Wrongful Death Claims<\/h2>\n\n\n\n