Reading Wrongful Death Attorney
Losing a loved one in Reading, Pennsylvania, is one of the most challenging experiences anyone can face, and when that loss is due to someone else’s negligence, the pain is even more profound.
If your family member passed away because of another’s careless or intentional actions in Reading, Pennsylvania, you may be entitled to seek compensation through a wrongful death lawsuit.
In these cases, you are often against powerful insurance companies that are only interested in protecting their bottom line. They aim to pay as little as possible and may try to shift the blame onto your loved one to avoid full responsibility.
Having an experienced Reading wrongful death lawyer by your side is crucial to ensuring your rights are protected and fighting for the compensation your family deserves.
Families have the right to pursue damages for their emotional and financial losses. However, insurance companies have the upper hand regarding experience and resources. They know how to manipulate them in their most vulnerable state, offering lowball settlements or trying to get them to waive their legal rights.
Wilk Law understands these cases’ emotional toll on families and provides compassionate, skilled legal representation with no upfront costs. Our team will level the playing field against the insurance companies, standing up for your family and ensuring you receive the justice and compensation you are entitled to in Reading, Pennsylvania.
Don’t let insurance companies take advantage of your family during this difficult time. With an experienced wrongful death attorney in Reading, Pennsylvania, on your side, you can focus on healing while we take care of the legal battle. Let us fight for you and your family’s future.
What Constitutes a “Wrongful Death” in Reading, Pennsylvania?
A wrongful death occurs when someone’s life is cut short due to the negligent or intentional actions of another party. In Pennsylvania, this can include fatal accidents such as car crashes, medical malpractice, or even criminal acts.
The purpose of a wrongful death lawsuit is to hold the responsible party accountable and provide compensation to the surviving family members for their emotional and financial losses.
In Reading, Pennsylvania, families can seek justice for the wrongful death of a loved one through legal action, giving them a chance to recover damages for their suffering.
Who Can File a Wrongful Death Claim?
Under Pennsylvania law, not just anyone can file a wrongful death claim. According to Pa. Code Chapter 2202, the personal representative of the deceased’s estate is typically the one who must file the lawsuit. This individual is often appointed in the decedent’s will or by the court if no will exists.
If the personal representative does not take legal action within six months of the person’s death, other beneficiaries, such as the deceased’s spouse, children, or parents, may have the right to file a wrongful death lawsuit on behalf of the family.
These laws help ensure that only those closest to the deceased can seek compensation for their losses.
Pennsylvania’s Wrongful Death Laws
Pennsylvania’s wrongful death laws provide a clear path for families to pursue justice when negligence results in the untimely death of a loved one. If you believe that the loss of your loved one in Reading was due to another’s negligence, it’s essential to seek legal counsel.
For immediate legal assistance from an experienced Reading wrongful death lawyer, contact Wilk Law today. We offer free case evaluations and can help you understand your legal options after a fatal accident in Reading, Pennsylvania.
What Are Some Types of Wrongful Death Claims in Pennsylvania?
Several types of accidents can lead to wrongful death claims in Pennsylvania. In 2023, Berks County ranked among the top five counties in Pennsylvania for traffic-related fatalities, underscoring the dangers on the roads in this region.
Pennsylvania recorded 1,179 traffic-related fatalities in 2022, as noted in the Pennsylvania Department of Transportation’s 2023 crash facts report.
Car Accidents
Car accidents remain one of the leading causes of wrongful death claims in Pennsylvania. According to PennDOT, there were 1,179 fatalities from car crashes in 2022, and many of these were caused by reckless or negligent driving behaviors such as speeding, distracted driving, and driving under the influence.
Motorcycle Accidents
Motorcyclists are especially vulnerable to fatal injuries due to their lack of protection compared to other vehicles on the road. Recent motorcycle accidents in Pennsylvania have tragically highlighted the risks riders face, with collisions often resulting in severe or fatal injuries.
Truck Accidents
The size and weight of commercial trucks make them especially dangerous in accidents. In 2022, large trucks were involved in 181 fatal crashes in Pennsylvania, according to PennDOT’s 2023 crash facts report. The devastating impact of these accidents often leads to catastrophic losses for the victims’ families.
Pedestrian Accidents
Pedestrians are highly vulnerable to injury or death in vehicle accidents. With no physical protection, a pedestrian involved in a collision with a car or truck can suffer life-threatening injuries. This is particularly concerning in populated areas like Reading, Pennsylvania.
Bicycle Accidents
Cyclists, similar to pedestrians, are at significant risk of severe injury or death in accidents involving motor vehicles. Without the protection offered by cars, bicyclists are susceptible to fatal injuries when hit by vehicles, especially on busy roads where drivers may be distracted or unaware of their presence.
Uber and Lyft Accidents
Accidents involving rideshare vehicles such as Uber and Lyft have also led to wrongful death claims. These accidents can happen due to negligent drivers, and while Uber and Lyft carry insurance coverage, pursuing compensation after a fatal accident can still be complex.
Defective Products
In some cases, a defect in a vehicle, such as faulty brakes, airbag malfunctions, or tire blowouts, can lead to a fatal accident. Manufacturers or other parties may be held accountable when a defective product contributes to the death of a loved one.
To learn more about the causes of fatal accidents, contact our experienced Reading wrongful death attorneys today. We offer free consultations and are never too busy to speak with you.
What is the Difference Between a Survival Action and a Wrongful Death in Pennsylvania?
In Pennsylvania, two distinct legal actions can be pursued after the death of a loved one caused by negligence: a wrongful death claim and a survival action.
While both provide avenues for families to seek justice and compensation, they differ regarding who benefits from the claim and what damages can be recovered.
Wrongful Death Claim
A wrongful death claim in Pennsylvania focuses on the suffering and financial losses experienced by the deceased’s family members as a result of their loved one’s death. The primary goal is to compensate the family for losses such as funeral expenses, lost wages, and the emotional impact of losing a family member.
According to 42 Pa.C.S.A. Section 8301, the immediate family, such as spouses, children, or parents, are typically the beneficiaries of this claim.
Survival Action
A survival action, on the other hand, is not concerned with the family’s losses but instead with the pain, suffering, and financial losses the deceased experienced before their passing.
In this type of claim, the estate of the deceased steps into their shoes to recover damages for the injuries the individual could have claimed had they survived.
This can include lost earnings, medical bills, and the pain and suffering endured between the time of injury and death. Unlike wrongful death claims, the compensation in survival actions goes to the deceased’s estate, benefiting heirs and beneficiaries.
Together, wrongful death and survival action claims allow families to pursue a fuller range of compensation, addressing both their losses and the damages their loved one suffered before passing. Both claims serve an essential purpose in Pennsylvania’s legal system by offering recourse and accountability when negligence leads to a fatality.
To learn more about the difference between a wrongful death claim and a survival action, reach out to our skilled Reading personal injury lawyers today.
Who Can Be Held Liable in a Fatal Accident in Reading, Pennsylvania?
When a fatal accident occurs in Reading, Pennsylvania, several parties may be held responsible for the wrongful death, depending on the circumstances. Determining liability is essential for pursuing compensation, as multiple individuals or entities may contribute to the incident.
Identifying the correct liable party ensures justice is served and the family receives the support they deserve after such a tragic event.
Potentially Liable Parties
In a fatal accident, several parties could be held responsible, including:
- Drivers: If a car, truck, or motorcycle accident was caused by reckless driving, speeding, or driving under the influence, the at-fault driver can be held liable for the wrongful death.
- Employers: In cases involving commercial drivers, such as truck drivers, the employer may also be responsible if negligence, such as lack of training or improper vehicle maintenance, contributed to the accident.
- Vehicle Manufacturers: If a defective product or faulty part, such as brakes or airbags, caused or contributed to a fatal accident, the manufacturer may be held accountable.
- Property Owners: In premises liability cases, if a property owner failed to maintain safe conditions and negligence led to a fatal accident, they could be liable.
- Government Entities: When a fatality occurs due to unsafe road conditions, defective traffic signals, or improperly maintained public property, a government agency may also share liability.
The Four Elements of Negligence
To hold any of these parties liable in a wrongful death claim, the following four elements of negligence must be proven:
- Duty of Care: The defendant must have owed the deceased a legal duty to act responsibly. For example, drivers have a duty to follow traffic laws and operate their vehicles safely.
- Breach of Duty: It must be shown that the defendant breached that duty through negligent or reckless behavior, such as driving under the influence or failing to fix a dangerous property condition.
- Causation: The plaintiff must prove that the defendant’s breach directly caused the fatal accident and the resulting death.
- Damages: Finally, the plaintiff must demonstrate that the death resulted in specific damages, such as funeral costs, lost wages, or pain and suffering.
Understanding who may be liable and proving these elements of negligence is crucial in securing compensation for the family in a wrongful death case.
To learn more about liability in Pennsylvania wrongful death lawsuits, contact our experienced Reading wrongful death lawyers. Our legal team is never too busy to answer any questions you may have.
What if More Than One Person Was Responsible for the Fatal Accident?
In Pennsylvania, fatal accidents can involve multiple parties who share responsibility for the incident. When this occurs, the state’s comparative negligence laws come into play, determining how liability and damages are divided among the involved parties.
This system ensures all negligent parties are held accountable, even when fault is shared.
Understanding Comparative Negligence in Pennsylvania
Pennsylvania follows a modified comparative negligence rule. Under this rule, each party involved in the accident is assigned a percentage of fault based on their level of responsibility.
If more than one person contributed to the accident, including the victim, the court will assess each party’s actions to determine their liability percentage.
This can apply in many scenarios, such as multi-car crashes, pedestrian accidents, or incidents involving defective products where both the driver and the manufacturer may share blame.
For example, if a fatal accident occurs due to one driver’s speeding and a defective vehicle part manufactured by a company, both parties could be assigned a portion of the blame.
Impact on Compensation
The comparative negligence rule also impacts the amount of compensation the victim’s family can recover in a wrongful death claim. Pennsylvania’s system operates under a 51% threshold, meaning the family can still pursue compensation if the victim was not more than 50% at fault for the accident. However, the total amount of damages awarded will be reduced by the victim’s percentage of fault.
For instance, if the victim were found to be 20% responsible for the accident, the family would receive 80% of the total compensation. If the court awards $500,000 in damages, the amount would be reduced by 20%, leaving the family with $400,000.
This system allows for fairness in cases where responsibility is shared and ensures that negligent parties are held accountable for their actions, even in complex situations involving multiple defendants.
What Damages Can Be Recovered in a Wrongful Death Claim in Reading, Pennsylvania?
When a loved one’s death is caused by negligence or wrongful actions, surviving family members in Reading, Pennsylvania, can pursue compensation through a wrongful death claim. These damages are divided into economic and non-economic categories, addressing financial and emotional losses.
Economic damages are meant to cover the monetary losses related to the death. Specific types of financial damages that can be recovered include:
- Medical expenses: Costs incurred from medical treatments before the deceased’s death, including hospital bills, surgeries, and medications.
- Funeral and burial costs: Expenses associated with laying your loved one to rest, including funeral services, cremation, or burial fees.
- Loss of income and future earnings: The salary and wages the deceased would have earned had they lived, which would have helped support the family.
- Loss of benefits: Health insurance, retirement benefits, or pension plans that would have supported the family financially.
- Property damage: If the wrongful death resulted from a car accident, compensation for property damage, such as vehicle repair or replacement, may also be recovered.
Non-economic damages compensate for the emotional and psychological suffering resulting from the loss. These may include:
- Loss of companionship: The emotional support, comfort, and care the deceased would have provided to family members.
- Loss of parental guidance: If the deceased was a parent, compensation may cover the loss of their nurturing, guidance, and instruction for children.
- Emotional distress and mental anguish: The pain, grief, and suffering experienced by the family members due to the sudden and wrongful death.
Are There Damage Caps on Wrongful Death Claims in Pennsylvania?
Pennsylvania law generally does not cap the damages you can recover in wrongful death cases. This allows families in Reading to pursue total compensation. However, if the claim involves a government entity, specific limits may apply to recoverable damages.
For more information on how much your Pennsylvania wrongful death claim is worth and the average settlement amount, contact a skilled and experienced Reading wrongful death attorney at Wilk Law.
When Should I File My Wrongful Death Lawsuit in Reading, Pennsylvania?
If you’ve lost a loved one due to someone else’s negligence, it’s essential to understand the time limits for taking legal action. In Pennsylvania, wrongful death claims are subject to a statute of limitations, which sets the deadline for filing your lawsuit.
If you miss this deadline, you may lose your right to pursue compensation entirely, no matter how strong your case is.
The Statute of Limitations for Wrongful Death in Pennsylvania
In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is two years from the date of your loved one’s death. This means that from the moment your family member passes away, the clock begins ticking on your ability to file a claim.
Waiting too long to take action can result in your case being dismissed, preventing you from recovering any compensation for your losses.
It’s essential to act quickly, not only because of the legal time frame but also to preserve evidence. Over time, critical evidence may be lost or more challenging to gather, and witnesses may become unavailable or less reliable.
Exceptions to the Statute of Limitations
In certain rare cases, the statute of limitations may be extended. For example, if the cause of death wasn’t immediately known, or if the defendant deliberately tried to conceal their role in the wrongful death, the deadline to file a lawsuit may be pushed back.
However, these exceptions are uncommon and typically require the court’s approval, making it even more crucial to seek legal advice promptly.
Reading, Pennsylvania
Losing a loved one in a fatal accident is a devastating experience that can leave families struggling with emotional pain and grief. For those in Reading, Pennsylvania, resources are available to help support families as they navigate this difficult time.
Grief counseling services can provide a safe space to process emotions, connect with others, and heal.
Families in the Reading area can visit several counseling centers for professional support. Berks Counseling Center offers a range of services, including grief counseling and emotional support for individuals and families coping with loss.
Another option is Reading Counseling Services, which provides compassionate grief counseling to those dealing with the emotional aftermath of a loved one’s death.
Continuum Counseling is another resource that offers specialized therapy for individuals who have lost someone in a tragic accident. Their licensed professionals provide a supportive environment to help families through grieving.
Seeking professional counseling in the wake of a wrongful death can be an essential step toward healing for families in Reading, Pennsylvania.
Experienced Wrongful Death Law Firm in Reading, Pennsylvania
At Wilk Law, we are dedicated to helping families in Reading, Pennsylvania, who have lost a loved one due to negligence. Our experienced team is committed to seeking justice and ensuring you receive the compensation you deserve.
We understand the challenges you’re facing, and we’re here to support you every step of the way. Contact Wilk Law today for a free consultation to discuss your wrongful death case.
In addition to Reading, Pennsylvania, Wilk Law serves West Chester, Philadelphia, Coatesville, Pottstown, Kennett Square, Phoenixville, Downingtown, Exton, Berwyn, Devon, Frazer, and more.