Get Answers to Frequently Asked Questions about Wrongful Death

At the Locks Law Firm, our New York, Philadelphia, Pennsylvania, and New Jersey, our wrongful death attorneys understand that filing a wrongful death lawsuit can be an intimidating process for plaintiffs, particularly those who are dealing with the often unexpected death of a husband, wife, child or other loved one. We know that you will have many questions about the process and while we are always available to answer your questions, our staff of personal injury attorneys has also taken the time to assemble a list of frequently asked questions on the topic.

If, after reviewing the questions and answers provided below, you still need more information about wrongful death, do not hesitate to contact our personal injury attorneys for answers.

• What is wrongful death?
• Who can file a lawsuit for wrongful death?
• What compensation can I obtain?
• Does a statute of limitations prevent me from filing my lawsuit?

What is wrongful death?

A wrongful death occurs when a person dies as the direct result of the negligent or reckless actions of another person. Negligence occurs when a party fails to exercise the necessary care that would have otherwise prevented the injury. The party's conduct is considered reckless if a reasonable person would foresee that it could result in serious injury or death. The causes of a wrongful death can include intentional acts, such as murder and manslaughter, as well as the manufacture of a defective product that causes fatal injuries, medical malpractice, accidents involving automobiles, motorcycles or trucks, and  unsafe working conditions which result in construction or other industrial site  deaths.

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Who can file a lawsuit for wrongful death?

In most states, the immediate family members of the deceased person, including their parents, spouses, and biological and adopted children, are the only parties who have the right to sue for wrongful death. A legal guardian or custodian may have to be appointed by the court to represent the interests of a deceased person's children if they are under the legal age and are suing for wrongful death. Some states have also extended wrongful death standing to creditors, beneficiaries, and other parties who are not related to the deceased person, as well as grandparents, step-parents and step-children.

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What compensation can I obtain?

Generally speaking, people who file a wrongful death lawsuit are entitled to monetary damages intended to compensate them for their financial losses associated with the death of their loved one. These losses can include the deceased person's income and the money he or she would have earned during the remainder of his or her lifetime, as well as medical bills and funeral costs associated with his or her death. In most jurisdictions, wrongful death plaintiffs may also obtain financial compensation for loss of companionship, pain and suffering, and mental anguish. For clients in and around Philadelphia, Pennsylvania, New York, and New Jersey, the wrongful death attorneys at the Locks Law Firm can tell you what you can reasonably expect in terms of monetary compensation for your claim.

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Does a statute of limitations prevent me from filing my lawsuit?

A statute of limitations is a deadline set by the law to limit a person's ability to file a lawsuit. The main purpose of a statute of limitations is to protect parties from having to defend against lawsuits alleging conduct occurring long ago, and to encourage the timely and fair hearing of disputes between parties. If a party fails to file a lawsuit before the statute of limitations for his or her legal claim has passed, the party is barred from ever asserting that claim in a suit against that defendant. While the duration of statutes of limitation varies from state to state and depends in part on the type of lawsuit being filed, the phrase “you snooze, you lose” aptly conveys the overall sentiment behind statutes of limitations. To make sure your wrongful death suit is filed in time and not thrown out of court on a technicality such as a violation of a statute of limitations, contact the experienced Philadelphia, Pennsylvania and New Jersey wrongful death attorneys of the Locks Law Firm today.

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Contact the Locks Law Firm for Answers to More Questions

For a free consultation, detailed case evaluation and answers to all your questions about wrongful death lawsuits in Philadelphia, Pennsylvania and New Jersey, contact our professional wrongful death attorneys today.

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