Stroudsburg Wrongful Death Lawyer
Nobody should have to face the preventable death of a loved one. However, accidents and unintentional injuries can happen quickly and without warning, resulting in life-threatening and fatal harm. From auto accidents to slips and falls, a loved one can suffer irreparable injuries in a matter of seconds simply because another party was careless or reckless. While it can be difficult to even think about filing a lawsuit when you are grieving the loss of someone you love, it is important to hold the responsible party accountable.
A compassionate and experienced Stroudsburg wrongful death lawyer can help you to file a claim against the party who caused your loved one’s death. While a wrongful death claim cannot bring back your family member, it can help to receive compensation for the numerous losses you have experienced and to know that the responsible party is held accountable.
What is Wrongful Death Law in Stroudsburg?
Wrongful death law is closely connected to personal injury law. In Pennsylvania, personal injury law allows an injured person to file a claim for compensation against the party who caused his or her injury.
Similarly, wrongful death law seeks to provide compensation for the fatally injured person’s losses and to allow a claim to be brought against the responsible party. However, rather than the injured party filing a claim, wrongful death law allows a close family member to step into the shoes of the deceased to, in effect, file a claim on that person’s behalf. Since the deceased is no longer able to file a claim against the responsible party, a family member or other personal representative can do so.
Who Can File a Stroudsburg Wrongful Death Lawsuit?
Each state has its own wrongful death statute. Under Pennsylvania law, the wrongful death statute allows a personal representative of the deceased to file a claim for compensation. Typically, the personal representative may be the spouse of the deceased, or another party if there is no surviving spouse.
Damages in a Stroudsburg Wrongful Death Claim
Pennsylvania law stipulates that damages in a wrongful death claim generally are designed to compensate the following persons:
- Surviving spouse;
- Surviving children; and/or
- Parent(s) of the deceased.
Those surviving family member may be eligible for compensatory damages, which include both economic and non-economic damages. Examples of potential damages in a Pennsylvania wrongful death claim include but are not limited to:
- Hospital bills and other medical treatment connected to the deceased’s injuries;
- Lost wages and benefits from the deceased;
- Funeral and burial expenses;
- Expenses for administering the estate of the deceased;
- Pain and suffering experienced by the deceased prior to death;
- Pain and suffering experienced by the survivors as a result of the deceased’s death; and
- Loss of support and companionship from the deceased.
Statute of Limitations for a Wrongful Death Claim in Stroudsburg
The statute of limitations for a wrongful death claim is two years. To remain eligible for compensation, a lawsuit must be filed within two years from the date of the deceased’s death. Failure to file a claim before the statute of limitations runs out means that you may be unable to seek compensation for your losses.
Contact a Wrongful Death Lawyer in Stroudsburg
A compassionate Stroudsburg wrongful death lawyer can assist with your lawsuit. Contact Needle Law Firm to speak with an advocate about filing a claim.