There’s nothing worse than losing someone you love without warning. Whether it’s due to an accident, negligence, or another unfortunate situation, there are few things worse than knowing that their death could have been prevented as well. If someone you love–whether it be a spouse, parent, or child–has lost their life due to someone else’s mistakes, you shouldn’t have to shoulder the burden alone. You can seek damages for the wrongful death your family has experienced, and the right wrongful death attorney can help. Contact the wrongful death attorneys at Scartelli Olszewski, P.C. to help.
Wrongful death cases don’t apply to everyone who passes before their time. A wrongful death has to include an act of negligence that directly or indirectly leads to the death of another. This does not apply to certain types of employment like those in the military or law enforcement, whose employment is considered dangerous to their person. Wrongful death also doesn’t include accidents caused by unpredictable weather and criminal activity. This means wrongful death causes include but are not limited to:
Wrongful deaths are not limited to incidents where someone dies at the scene or soon after the accident. If someone suffers injuries that assuredly lead to their death at a later date, their loved ones can still file a wrongful death case.
Pennsylvania’s Consolidated Statutes Annotated (PA CSA) §8301 specifies that only direct family members can sue on behalf of the deceased for wrongful death. Direct family members include:
In terms of parents, legal guardians can also file a wrongful death lawsuit. This means if the deceased’s legal guardian was their grandparent, sibling, or another relative then that relative could sue for wrongful death. If they were not the deceased’s legal guardian then they cannot sue for wrongful death in the state of Pennsylvania.
Wrongful death cases are handled in the state where the deceased lost their life, or in the case of workplace injuries, where their employer is located. This means family members who live outside of Pennsylvania while the deceased died in Pennsylvania can still file a lawsuit in Pennsylvania courts. The rules of their home state would not apply in most instances.
The wrongful death of a loved one is devastating. If a family member or loved one has died because of the wrongful act of someone, whether it’s from a trucking or car crash, medical malpractice, or product liability, the legal team at Scartelli Olszewski, P.C. is here to help.
Scartelli Olszewski, P.C. has successfully represented families in wrongful lawsuits for decades. Our team of attorneys has won millions of dollars in compensation for families suffering the loss of a loved one. If your family member or loved one died due to the fault of a third party, we can help. Contact us today.