Losing a loved one in a car accident is a devastating experience. If the accident occurred due to someone else’s negligence, it is possible to file a wrongful death claim.
Navigating the legal process can be overwhelming while you are in the process of mourning. The burden can become easier to handle when there are clear steps to follow.
Understanding wrongful death claims
A wrongful death claim arises when a person dies due to the legal fault of another party. The Pennsylvania legal code outlines which family members can seek compensation for their loss. These family members include the spouse, children or parents of the deceased.
Gather necessary documentation
Before filing a wrongful death claim, gather all necessary documentation. This includes the death certificate, police reports, medical records and any other relevant documents. These documents will provide evidence to support your claim.
Determine the statute of limitations
Pennsylvania has a specific time limit for filing wrongful death claims, known as the statute of limitations. In this state, the family must file the claim within two years from the date of the loved one’s death. Failing to file within this time frame may result in losing the right to seek compensation.
Establish the elements of a wrongful death claim
To succeed in a wrongful death claim, it is necessary to prove certain elements. These elements are:
- That the death of a loved one occurred
- That another party’s negligence or wrongful act caused the death
- That surviving family members have suffered damages due to the death
- That the deceased was eligible for compensation if they had survived
Thoroughly documenting the events surrounding the accident can help ensure that you have the evidence you need to build a strong wrongful death case.
File the wrongful death claim
Once you gather all relevant documentation, it is time to file the wrongful death claim. Be sure to file with the appropriate Pennsylvania court. It is important to include all necessary information and evidence to support the claim at the time of filing.
Filing a wrongful death claim in Pennsylvania requires careful attention to detail and adherence to legal requirements. This process can help provide financial relief and hold the responsible party accountable.
