How to File a Wrongful Death Suit
Contact a Wrongful Death Lawyer
Wrongful Death Lawsuit Filed by PA Wrongful Death Lawyer: Do you have a Wrongful Death Settlement?
Wrongful death must have been caused by someone else’s misconduct such as in the defendant’s conduct. There need not be a direct intention to kill the victim but the defendant must be negligent or liable for the victim’s death.
For instance, two different people unknown to each other go out for a Sunday drive. The defendant carelessly drives over the speed limit and smashes into the victim’s vehicle, killing him. Or perhaps the defendant drinks too much and slams his vehicle into a pole, a person, another car. The defendant didn’t intentionally go out to kill someone but he did and his negligence will demonstrate wrongful death.
The victim also known as the deceased will have a spouse, parent, family members, or dependents that suffer emotionally and monetarily as a result of his or her death. These are all components of a wrongful death claim and a wrongful death lawsuit.
Wrongful deaths can result from any number of causes but the most wrongful deaths occur from car, SUV, and truck accidents as in wrongful death by car wrecks. Head on collisions, sideswipes, single-car smash-ups, DUI, SUV rollovers, spontaneous combustion, inferior tires, airbags that fail, improperly made infant car seats, motorcycle accidents, bicycle accidents, school bus accidents, and pedestrians simply walking across the street are all common causes of wrongful deaths.
Someone is at fault whether it be a drunk driver, underage driver, truck driver, airbag manufacturer, infant car seat maker, tire manufacturer, SUV manufacturer , or third party vendor. Wrongful death may be caused by a car manufacturer if there was failure to recall a defective part or tire; or if a truck’s brakes failed because of poor maintenance by the trucking company or trucking maintenance.
Everyone gets a response. If during business hours, a response is forthcoming usually within minutes or a few hours but always within a day.
Nobody understands wrongful death lawsuits like we do. It’s advisable to act sooner vs. later because every state has different statutes of limitations for filing wrongful death cases.
To discuss your case with a wrongful death lawyer at no charge, call toll-free 1-866-761-1385 or fill out the contact form. When you contact Monheit Law during business hours, we get back to you within minutes or within a few hours but always within that business day. When you contact us on the weekend, we get back to you the next business day.
Take the first step on behalf of your loved one.
Pennsylvania Lawyer Analysis of the Wrongful Death Statute of Limitations in PA
According to the wrongful death statute of limitations law, you have two years to file a wrongful death suit in Pennsylvania. What are statutes of limitations? A statute is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated.
Though grief stricken and trying to cope, sooner vs. later is recommended to file because the last thing you want to happen is to lose the opportunity by allowing the Pa. wrongful death statute to expire.
Here is some helpful PA lawyer analysis for the statute of limitations in Pennsylvania as it relates to wrongful death:
Pennsylvania wrongful death statute of limitations are based on fairness because memories fade, evidence gets lost, and people want to move on with their lives. Another reason for statutes of limitations is closure which encourages courts and law enforcement agencies to handle Pennsylvania wrongful death lawsuits in within a viable timeframe.
According to Pennsylvania wrongful death statute of limitations, there are no caps or monetary settlement levels on medical malpractice wrongful death lawsuits.
According to PA statute of limitations laws, there are caps on damages. A wrongful death lawyer will calculate damages based on a number of factors including how dependent the plaintiff was on the decedent; the relationship with the decedent; anticipated lifespan of the decedent, anticipated earnings and other benefits of the decedent, and presence of any comparative fault. Another important consideration in wrongful death damage calculations is to estimate expected or future income losses. Future losses are the amount of earnings and benefits the decedent would have earned if he or she lived.
Determining damages is complex. Really, how difficult is it to put an emotional price tag on the loss of a loved one?
On behalf of surviving family members, wrongful death lawyers file wrongful death lawsuits in Pa. as the result of reckless or negligent actions.
Lawsuits for Wrongful Death in PA
In Pennsylvania, you have two years to file a wrongful death lawsuit.
Contact our lawyers to file a Pennsylvania wrongful death lawsuit. Don’t wait until the last minute. Before filing your case, facts will need to be checked and evidence collected and reviewed. This all takes time which is why the last minute is never a good practice.
Contact Monheit Law, Pennsylvania wrongful death lawyer for free advice so we can help you determine what your legal options are. We give you the service and respect that you deserve during this difficult time.
Located in near Philadelphia, Monheit Law serves clients all over the jurisdictions of Pennsylvania and New Jersey.
Accidental Death Lawsuits
Accidental Death Lawsuits-Pennsylvania
Contact wrongful death lawyers to discuss your case free of charge. Does your family have a Wrongful Death claim?
Accidental deaths are the fifth leading cause of death but the number of fatal accidents is on the rise. Many an accidental death accident is preventable. The accidental death is frequently caused by carelessness or disregard to and for others. An accidental death can be caused by inferior products or unscrupulous companies that put profit over people resulting in negligent death settlements.
Causes of accidental death: People who drive while drunk. Drivers know better but often alcohol or illegal drug use dulls common sense while gives the user a false sense of bravado. Accidental deaths can be caused from falling: Falling off ladders that collapse without cause, falling down stairs when the floor is wet in a public place, falling down elevator shafts that haven’t been maintained or inspected at unsafe construction and mining sites. All these accidental deaths may result in negligent death settlements.
Accidental deaths occur: When smoke detectors don’t work, when flammable beds and couches catch on fire, when drivers use the highway as a raceway and when it’s all said and done, skid marks every which way all point to the driver for causing the negligent death.
Contributing factors to accidental death lawsuits: As the population ages, more accidental will occur from falling and taking too many medications leading to overdoses. Distracting technology also is another cause for accidental death especially among younger drivers who are busy talking on their cell phones or texting instead of paying attention to the road.
Accidental deaths would be preventable: If fewer people died from poisoning, especially overdosing on over-the-counter drugs, prescription drugs that cause more problems than they cure, and from mixing herbal concoctions with prescription drugs. If parents kept children away from the backyard or apartment pool, thousands of innocent children would not drown every year. If toy-makers and baby-product companies were held accountable to higher standards, to develop toys and pacifiers, that didn’t end up choking children.
Negligent Death Settlements
Life seems to be an accidental death waiting to happen. Every day we hear about fatal accidents and negligent death settlements.
Do you need the services of an accidental death law firm in Pennsylvania who has the professional edge required to take on negligent death lawsuits? If your answer is yes – contact Monheit Law today.
Fatal Motorcycle Crashes
Fatal Car and Motorcycle Accident Lawsuit Review-Free Case Inquiry
Ask our lawyers for a free fatal motorcycle accident lawsuit review.
According to the National Highway Traffic Safety Administration, motorcycle crash fatalities have increased every year for the past nine years. In 2006 4,810 people died in motorcycle crashes, up 5.1 percent from 4,576 in 2005. There were 6.2 million motorcycles on U.S. roads in 2005, according to the Federal Highway Administration, compared with 137.4 million passenger cars. The fatality rate for motorcyclists in 2005 was 5.4 times the fatality rate for passenger car occupants per registered vehicle.
Motorcyclists were 37 times more likely than passenger car occupants to die in a crash in 2006.
There has been a dramatic jump in the number of deaths among motorcycle riders age 40 and older in recent years. Motorcycles are less crashworthy than closed vehicles. They are also less visible to other drivers and pedestrians and less stable than four-wheel vehicles. Operating a motorcycle requires a different combination of physical and mental skills than those used in driving four-wheel vehicles. Motorcyclists are more vulnerable to weather hazards and road conditions than drivers in closed vehicles.
Motorcycle drivers have high incidences of alcohol use. In 2006, 27 percent of motorcycle operators involved in fatal motorcycle crashes had a blood-alcohol concentration over 0.08 compared with 23 percent of drivers of passenger cars, 24 percent of light truck drivers and 1 percent of large truck drivers in fatal crashes. Even though there are more passenger vehicles on the road, motorcyclists have the highest percentage of driving while intoxicated. Over 59 percent of motorcyclists who died in single-vehicle crashes had blood alcohol content of 0.08 or higher.
A fatal car accident rarely has any warning or not enough warning to properly diffuse the scenario. You have a split second to react in a way that could save your life and the lives of your passengers. If you are talking on a cell phone, fiddling with the radio, or just looking away from the road, that split second is lost. And so, perhaps, is a life.
It’s a heart wrenching job but someone has to do it—fatal accident investigations detective. The job entails going to the scenes of a fatal traffic accidents and making out fatal car accident reports. Unfortunately, inattention is the cause of many a fatal car accident.
Today’s luxurious vehicles create a false sense of security. They are very comfortable. You can even watch DVD movies just like sitting on your living room couch. People forget that they can get killed or kill others in a fatal car accident from their seemingly safe cars.
Has your loved one died from a fatal motorcycle crash or a fatal car accident?
Nothing can ever bring them back but Monheit Law takes whatever steps are necessary to make wrongs right and fight on behalf of your loved one. All it takes is a moment of your time to begin the journey to justice.