Ross Feller Casey is recognized as the preeminent wrongful death law firm in Philadelphia, PA, and throughout Pennsylvania and New Jersey – a position that was solidified by a remarkable record of legal successes over the past five years. In that period, the firm recovered over $1 billion for its individual clients, including numerous multimillion-dollar recoveries in wrongful death lawsuits.
Some of the noteworthy claims litigated by Ross Feller Casey wrongful death attorneys include:
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.
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 sought in these two types of lawsuits differ. Personal injury claims may seek medical expenses, past and future lost wages, pain and suffering, and sometimes punitive damages. Wrongful death claims may seek compensation for medical expenses, loss of future earnings, funeral expenses, and loss of companionship, comfort, and care.
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?
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 the claim must be filed within that statute of limitations, or the court may not hear the wrongful death case.
However, there can be exceptions to this rule in some cases. Anyone seeking to recover damages must consult an experienced wrongful death attorney to see how the statute of limitations may affect their specific claim.
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.
A Philadelphia wrongful death lawsuit involves losing a loved one due to someone else's negligence. Wrongful deaths could be:
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.
Whether your family has suffered the loss of a loved one due to medical malpractice, a workplace accident, a car accident, or other wrongful act, 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 here 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.