By VSCP LAW
Wrongful death cases can be quite complicated. There are legal requirements related to filing an estate, the timing of your claim, and what damages you can claim. There are often complex medical records to review and understand. And there are the decisions – the countless decisions – that have to be made regularly to ensure that your case will have a successful outcome. Here are some ways in which a wrongful death lawyer in Philadelphia can help you prove your wrongful death case.
Under the Pennsylvania wrongful death statute, you have two years after the official death date to file a wrongful death lawsuit. This restriction is typically referred to as the wrongful death statute or the statute of limitations.
Two years may seem like a long time, but your wrongful death attorney will need ample time to investigate the circumstances surrounding your loved one’s death. They will need to order records such as medical records or employment records. They will need to talk with various individuals who were involved in or had substantial knowledge about the circumstances leading up to your loved one’s death. They will need to fully understand whether someone or multiple people are at fault for your loved one’s death. Thus, in order to comply with the wrongful death statute of limitations, you should contact an attorney as soon as possible after your loved one dies.
Wrongful death attorneys in Philadelphia understand the immense grief associated with wrongful death lawsuits, and will do everything in their power to work with you and ease your burdens during the stressful time after your loved one’s death.
It is essential to know who represents the estate prior to filing a wrongful death lawsuit.
If your loved one died without a will, usually a spouse or other family member may file a wrongful death lawsuit on their behalf. If there are no surviving family members, the court may appoint a personal representative called an “administrator” or an “administratrix”.
If your loved one died with a will, the person appointed in the will as the “executor” may file a wrongful death lawsuit.
Your wrongful death attorney in Philadelphia will help you figure out who should represent the estate.
A wrongful death attorney knows what actions must be taken early in the process such as, ordering an autopsy on the decedent. And when ordering the autopsy, an experienced wrongful death attorney knows whether to order toxicology along with the autopsy. Toxicology includes a search for chemicals or drugs in the blood, saliva, and urine. Obviously, this autopsy must be done prior to the burial or cremation so your wrongful death attorney will act swiftly to ensure that all necessary actions are taken before the decedent is buried.
Other examples of evidence that needs to be gathered in a timely fashion include police reports, witness statements, photographs and videos, death certificate, and physical objects that are related to the wrongful death.
Your wrongful death case is likely complicated. It will require expert review and analysis. Your wrongful death attorney has access to the best experts in the country and they will ensure that the most qualified experts review your case and write an ironclad report to bolster your claim in court.
A wrongful death attorney evaluates the case with knowledge of all possible causes of action and claims for wrongful death damages.
Under Pennsylvania’s wrongful death statute, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable, the exact figure can be established with documentation. They include lost wages, medical expenses, burial and funeral costs, and estate administration costs.
Non-economic damages are not quantifiable – they are more of a subjective assessment of the sad consequences of a wrongful death. They include loss of companionship and pain and suffering.
A wrongful death attorney can help you with all of the difficult stages of your lawsuit. To talk with an experienced wrongful death attorney, contact the lawyers at VSCP LAW (www.vscplaw.com).
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