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Wilkes-Barre Personal Injury Lawyer > Blog > Wrongful Death > When Should You File A Wrongful Death Claim?

When Should You File A Wrongful Death Claim?

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Even when death comes that is expected, like could be the case where a person is terminally ill, the moment it actually happens and becomes reality can still be emotional and somber. When death happens unexpectedly it is even more difficult to come to terms with because of how shocking the loss can be. However, when a deadly unanticipated incident takes place because of a negligent action of another party or entity, this can be extremely difficult to cope with because, in these situations, the death did not have to happen.

If you lost a loved one due to another’s negligent actions, you may be able to file a wrongful death claim for financial compensation. Wrongful death suits are civil suits that help victims secure financial compensation on behalf of their deceased loved ones for damages or losses that were suffered including medical expenses, property damages, and loss of consortium to name a few. These cases can be quite challenging due to the circumstances for which they come about and due to the laws in the state where the deadly incident happened that govern wrongful death actions.

In Pennsylvania, the trusted and compassionate legal team at O’Donnell Law can help you if you lost a loved one because of the careless actions of another. Our  wrongful death lawyers understand these complex cases and can aggressively fight to get the most compensation possible for you from your claim.

When is a Death Considered a Wrongful Death?

It is often thought that when one party causes the death of another that this must be a criminal situation. Murder and homicide commonly come to mind in these instances. But this is not always the case. When negligence without a willful intent to harm is behind the loss of life, then it is possible that the individual who is responsible for a death faces civil and not criminal legal challenges.

In instances where a negligent party acts in such a way as to cause an accident that results in physical bodily harm to another party, the victim in this scenario may be able to file a personal injury claim for compensation. Though, if the injuries that are suffered by the victim are fatal, the claim then changes and becomes a wrongful death suit. And, only certain parties are eligible to file such a claim. In other words, where a personal injury suit would normally apply, if death results, the suit becomes a wrongful death action.

Speak to a Pennsylvania Wrongful Death Attorney Today

Taking legal action will not return your loved one to you, but it may secure the compensation you need to recover your damages after a wrongful death incident. In some situations, the settlement that is necessary could be quite high. The Philadelphia wrongful death lawyers at the O’Donnell Law Offices are here for you during these tough times.

Schedule a free initial consultation with the Pennsylvania wrongful death attorneys at the O’Donnell Law Offices serving clients in Kingston, Wilkes Barre, Hazleton, and Pittston at 570-821-5717 or online today. There is no fee or cost until we win your case.

Source:

cdc.gov/mentalhealth/stress-coping/grief-loss/index.html

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