Filing a Wrongful Death Claim: Dos and Don'ts
The unexpected loss of a loved one takes its toll on a family. There can be questions surrounding the nature of that person's death, such as whether it was caused by negligence. If you've recently lost someone you loved because of a wrongful accident or incident, you might consider filing a claim. Here are some dos and don'ts to keep in mind regarding wrongful death claims.
Do Understand the Difference Between a Civil and Criminal Trial
When you file a wrongful death claim against an individual or entity, it is a civil trial. Several differences exist between criminal and civil trials. One of the most important distinctions is that if a defendant is found guilty during a criminal trial, they might face jail time. This is not the case in a civil trial.
In a criminal trial, the crime the individual committed is against the state, country, or society. In a civil trial, however, the representative of the beneficiaries, or the beneficiaries themselves, directly file a claim against the party or parties at fault.
The only punishment in a civil trial is monetary. For example, in the case of a wrongful death lawsuit, the defendant might be ordered to pay for the deceased's medical bills, past and future lost wages the person would have earned, and their pain and suffering.
Do Understand Pennsylvania's Laws Concerning Who Can File a Claim
Pennsylvania has its own set of wrongful death laws, including who may file a claim and how long they have to file one. In Pennsylvania, a representative of the victim's estate is the only person allowed to file a claim. This person could be someone named in the victim's will or an individual who is appointed after the death occurs.
This representative files the claim on behalf of the victim's beneficiaries. If it isn’t filed within six months of the victim's death, the beneficiaries are allowed to file a wrongful death claim on their own behalf.
The statute of limitations to file a claim must occur within two years of the incident that caused the individual's death.
Don't Settle Before Your Attorney Gathers Evidence
After you hire an attorney, they will begin to gather evidence to support your wrongful death claim. During this time, you may feel a financial strain because of the deceased's absence. This strain often leads beneficiaries to accept the first offer given by the other party's insurance provider.
Unfortunately, this might not be the best option. Remember, even if the insurance company adjuster is sympathetic, it is their job to save the insurance company as much money as possible.
Instead, allow your attorney to gather evidence to support your claim. It might take several months, but if the case is stronger, you will be entitled to more compensation.
Do Prepare for a Wrongful Death Trial
If the representative of the deceased's estate and their attorney are not able to reach a settlement with the other party, the wrongful death case will go to trial. However, before this occurs, the judge might order something called a settlement negotiation. During this phase, both parties and their attorneys attempt to work out a financial settlement and avoid a trial.
However, if a settlement isn't possible, the civil claim will continue into the trial phase. Much like any other type of civil trial, both attorneys will gather evidence, present their arguments, and question witnesses in front of a jury. In some cases, once all the evidence is presented and witnesses are questioned, the defendant's attorney will make another settlement offer.
Once again, if this offer isn't accepted, the jury will make the decision. Even if the jury finds in favor of the plaintiff, it doesn't mean the entire process is finished. The defendant's attorney will often attempt to appeal the decision if they believe an error was made during the initial trial.
A trial can be emotionally challenging because of specifics about the manner of death. Filing a wrongful death claim is a challenging and sometimes confusing process, and it is important to understand how to proceed. If you would like more information, contact the attorneys at Clearfield & Associates by calling (215) 563-6333.