By VSCP LAW
It can be upsetting when your loved one dies. It can be downright devastating when you realize that your loved one’s death could have been prevented with proper medical care (in the healthcare setting) or proper care (in other settings such as the workplace, a commercial property, etc.). If you believe your loved one has died as the result of the actions or omissions of their health care providers or other individuals, you may be able to file a wrongful death lawsuit. Read on to understand what constitutes a wrongful death suit and the timing for when you should file a wrongful death suit.
It may seem obvious, but the first question you should ask is whether you even have a case. If you believe that your loved one died as the result of the actions or omissions of others, you may have a wrongful death lawsuit. When you meet with an attorney, you must provide as much information as you can about the circumstances before, during, and after your loved one died. That will enable your wrongful death lawyer to evaluate the viability of the claim – that is, whether the claim is likely to be successful in court.
If the decedent 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 “administratrix.” If the decedent died with a will, the person appointed in the will as the “executor” or “executrix” may file a wrongful death lawsuit.
Pennsylvania law allows you only 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 attorneys 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 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.
If you believe your loved one has died as the result of someone else’s actions or omissions, you may have a viable wrongful death lawsuit. Contact VSCP LAW at vscplaw.com for a thorough evaluation of your claim.
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