An action for "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. In the context of medical malpractice, a wrongful death occurs if the deceased died as a result of physician, nurse, or hospital negligence.
Wrongful death lawsuits protect the rights of wives who have wrongfully lost a husband, children who have wrongfully lost a parent, and parents who have wrongfully lost a child. In these instances, the decedent’s survivors and/or estate may bring a lawsuit for wrongful death. The survivors include the decedent’s spouse, children, and parents.
In Pennsylvania, this area is governed by the Pennsylvania Wrongful Death Act (42 P.S. § 8301) and the Pennsylvania Survival Act (Pa. 42 P.S. § 8302). The purpose of a wrongful death case is to provide compensation to the survivors of the person who has been killed. This compensation is not only for the economic losses and out-of-pocket expenses associated with the death, but also for the emotional distress, personal suffering and grief of the survivors.
Money damages that are recoverable can include: (1) Loss of the decedent’s future earnings; (2) Loss for the care, maintenance, support, services, and advice had the decedent lived; (3) Loss of companionship, society, and love; (4) Loss of financial support; (5) Funeral, medical, and estate expenses; and (6) Conscious pain and suffering.
We understand that matters involving wrongful death are always painful and tragic. When a loved one dies as the result of negligence or wrongful actions of a physician, nurse, or hospital, it is devastating for the surviving family. At Harry S. Cohen & Associates, we are sensitive to the tragic circumstances that bring you to us in matters of wrongful death. We will handle your case with experience and skill, and aggressively pursue all legal remedies and recourse to which you are entitled. We will provide you with quality representation and treat you with the dignity and respect that you and your family deserve.
If you have lost a loved one because of the negligent actions or misconduct of another, you need to seek professional legal advice in a timely fashion. In Pennsylvania, a wrongful death lawsuit must be filed within two years of the date of death. Therefore, if you have experienced a loss of this kind due to the wrongful death of a loved one and are in need of an attorney, our firm is pleased to offer you a free consultation. At Harry S. Cohen & Associates, our attorneys will advise you whether a case can be brought on behalf of you and your loved ones.