Wrongful Death Lawyers

Some of the noteworthy claims litigated by Ross Feller Casey wrongful death attorneys include:

• $36.4 million settlement against Motiva for an explosion caused by a corroded tank leaking hydrogen, which resulted in the wrongful death of a boilermaker. It remains one of the largest single-victim wrongful death recoveries in the U.S.
• $25 million verdict for the death of a physician as a result of medical negligence
• $15 million recovery for the family of a woman who died of hospital negligence
• $12.95 million settlement for the family of a woman who died as a result of a medication error
• $10 million recovery in a Philadelphia case involving a welder killed when a water tank ruptured
• $10 million settlement for the family of an 11-year-old girl who drowned at a swimming facility
• $7 million settlement for the death of a woman during the delivery of her twin babies
• $7 million recovery for a wrongful death in New Jersey caused by an auto defect
• $6.4 million recovery for the family of a man who died from emergency room malpractice
• $5.5 million settlement for a woman who died as a result of the failure to diagnose cervical cancer

According to the Centers for Disease Control and Prevention, an estimated 121,000 people die each year across America as a result of preventable accidents.

Is Wrongful Death a Personal Injury?

Wrongful death and personal injury claims are similar, but not the same thing. While they both occur when the intentional, negligent, or reckless actions (or inactions) of someone cause another person to sustain injury or harm, there are also some significant differences. 

A personal injury claim is filed by the person injured by the negligent party. In a Pennsylvania wrongful death claim, the survivors of the victim are the people who file a claim against the negligent party who they believe to be responsible for their loved one’s death. 

Additionally, the damages that are sought in these two types of lawsuits are different. Personal injury claims may seek medical expenses, past and future lost wages, pain and suffering, and in some cases, punitive damages. Wrongful death claims may seek compensation for medical expenses, loss of future earnings, funeral expenses, and loss of companionship, comfort, and care. 

Can a Family Member Sue for Wrongful Death?

In many states, including Pennsylvania, laws require that wrongful death claims be filed by the personal representative of the deceased person's estate on behalf of the victim's beneficiaries. If there isn’t a will that designates a personal representative, the court may assign one to handle the estate. 

Pennsylvania's Wrongful Death Act allows only surviving family members such as the spouse, children, or parents of the victim to benefit from a lawsuit. Suppose the personal representative of the decedent's estate doesn't take action promptly and file a claim within the first six months of the victim's death. In that case, any of the beneficiaries are entitled to file the claim on behalf of all the beneficiaries.

Have more questions about this? Contact a Philadelphia wrongful death attorney or find more resources in our blog: Can an Estate Sue for Wrongful Death?

What is the Statute of Limitations on Wrongful Death in Pennsylvania?

There is a time limit, called the statute of limitations, for how long someone has to file a wrongful death claim after your loved one has died. In Pennsylvania, the statute of limitations for wrongful death is two years from the date of death. That means that the claim must be filed within that statute of limitations, or the court may not hear the wrongful death case at all. However, there can be exceptions to this rule in some cases. Anyone seeking to recover damages must consult an experienced Pennsylvania wrongful death attorney to see how the statute of limitations may affect their specific claim.

How is a Wrongful Death Settlement Paid Out?

If there is a financial recovery in a wrongful death lawsuit in Pennsylvania, whether it's a settlement or a victory at trial, there is a specific way the amount has to be paid out. If damages are awarded for pain and suffering, they must be paid to the victim's estate. The remainder of the funds must be distributed to the decedent's beneficiaries in the amounts they would have taken in adherence to intestacy laws.

In many cases, surviving family members who lost a loved one need this financial compensation to pay for medical bills, funeral and burial, and other expenses. 

What Kinds of Cases Can a Philadelphia Wrongful Death Lawyer Help With?

A Philadelphia wrongful death lawsuit involves losing a loved one due to someone else's negligence. Wrongful deaths could be: 

• Drowning such as when a young girl died at a swimming facility.
• Product liability like the time a collapsing table killed a child.
• Premises liability when a child drowns in a hotel swimming pool.
• Automobile litigation when a trucker dies in an accident.
• Medical malpractice like the time a woman died after a routine fertility procedure.
• Workplace injuries such as the time a man was killed by a water tank explosion.

Vehicles are sometimes involved in wrongful death cases, including fatal truck accidents, car accidents, motorcycle accidents, or other vehicles like buses, trains, or bicycles. However, many other things could warrant a wrongful death lawsuit, such as nursing errors, dangerous and defective products, and construction workers' accidents.

Ross Feller Casey has successfully litigated many civil cases just like these, and we've won millions of dollars for our clients. A successful Philadelphia wrongful death lawsuit can give family members a means to pay for accumulated healthcare expenses and debt while, in many cases, providing a sense of justice.

Contact the Best Philadelphia Wrongful Death Lawyers Today

Whether your family has suffered the loss of a loved one due to medical malpractice, a workplace accident, or a car accident, you have rights. Can you get compensation for your loss and damages? Pick up the phone to reach someone who knows. If you need an experienced wrongful death lawyer in Philadelphia or anywhere in PA and NJ, Ross Feller Casey is there to help.

The Philadelphia wrongful death attorneys at the Ross Feller Casey law firm may be able to file a claim even if the death occurred some time ago, but your time might be running out.

Please call our office or fill out the form on this page to contact a leading Philadelphia wrongful death lawyer for a free consultation today. We will protect your rights and guide you through the legal process of your wrongful death case. 

Ross Feller Casey handles all cases on a contingency basis, so you will never pay anything unless a financial recovery is made in your Philadelphia wrongful death lawsuit.