In Pennsylvania, a wrongful death is defined as an avoidable death caused by negligence, recklessness or unlawful actions of a business or individual. If so, you can file a lawsuit on behalf of the person which is dependent on factors such as the relationship you have with the deceased and time of death. However, before you do that, here are 4 tips to know before filing a lawsuit for wrongful death.
Statute of Limitations
Each state has strict deadlines in terms of each case. In the case of a lost loved one, there are two separate legal cases cases that you need to file together. The first one is “wrongful death” action to recover the financial harm caused by losing a loved on. Secondly is “survival” action, where you can sue for any injuries the deceased, if aive, would sue for. Both cases carry a 2 year statute of limitations. The 2 year deadline is just to file your case and does not represent that your case needs to be completed by then. More time is given after filing to investigate the claim, find evidence and bring the case to court. In some cases, you may be entitled to an extension due to effects that “toll” your case. Depending on the tolling period, the limitations period is paused and resume again after the cause for tolling has ended.
Settlement vs. Trial
A wrongful death case can potentially be settled at any time after it’s filed if both sides agree outside of court, which can greatly reduce the length of time your case will take. Take note, if an agreement isn’t settle, the case will be taken to court that will require an attorney present. If a settlement hearing fails, the case will then be taken to trial where a verdict will be made and the court decides on the value of the damages done.
Pre-trial motions
Before a trial date is set, both sides make legal arguments about the wrongful death case to court which takes form in legal motions. These arguments could be in regards to disputes on evidence, witnesses or entities that can potentially lead to the win or loss of a suit. Pre-trial motions can slow the pace of the case if there are many motions and drag the time of your claim and lawsuit.
Finding an Experience Wrongful Death Attorney
When filing a wrongful death suit, be sure to hire an attorney to deal with the paperwork and red tape of the justice system. Attorneys at firms such as the Levin Firm can help with deadlines, submitting evidence, trials and litigation and act as your personal representative on your behalf for the case.
A wrongful death case can be tiresome, long and lengthy to file. However, with the right people and timing, the process can be done right. By knowing the process of the wrongful death lawsuit, it’ll make filing your claim easier. As a result, getting the compensation you deserve is not long but quick and seamless.
