Losing a loved one unexpectedly is a life-altering event. The pain, shock, and overwhelming sense of loss can leave families struggling to cope.
At Mooney Law, we understand how difficult this time can be, especially when someone elseโs negligence caused the death. As a Carlisle wrongful death attorney, we are here to help you seek justice and compensation for the loss youโve endured.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional act of another. It allows the surviving family members to file a lawsuit seeking financial compensation for their loss.
Under Pennsylvania law, wrongful death claims must be brought by the personal representative of the deceasedโs estate on behalf of the beneficiaries.
The damages that may be recoverable in a wrongful death claim include:
- Funeral and burial expenses
- Loss of income and benefits the deceased would have provided
- Loss of companionship, comfort, and care
- Medical costs related to the injury that caused the death
We are experienced wrongful death lawyers in Carlisle. We can guide you through the complexities of these claims and ensure that you and your family are treated with dignity and respect.
Pennsylvania Wrongful Death Law
In Pennsylvania, wrongful death claims are governed by Title 42, Chapter 83 of the Pennsylvania Consolidated Statutes
.The statute allows for two types of claims following a wrongful death: the wrongful death claim and the survival action. The wrongful death claim compensates the family for the losses they suffer. At the same time, the survival action allows the estate to recover damages the deceased could have pursued if they had survived.
Proving negligence or liability is a key element in a wrongful death case. As your Carlisle PI attorney, we will gather evidence, interview witnesses, and work with experts to build a strong case on your behalf.
Statute of Limitations
It is essential to act quickly if you are considering filing a wrongful death lawsuit in Pennsylvania. The statute of limitations for wrongful death claims in the state is two years from the date of death. You may lose your right to recover compensation if a lawsuit is not filed within this timeframe.
At Mooney Law, we take swift action to protect your legal rights. We understand the urgency of these cases and will ensure that all necessary steps are taken to meet deadlines and move your case forward.
Common Causes of Wrongful Death
Wrongful death can occur in many scenarios, often due to someone elseโs negligence. Some of the most common causes include:
- Car Accidents: Car crashes are a leading cause of wrongful death in Pennsylvania. In 2022, there were 1,179 traffic fatalities in the state, according to the Pennsylvania Department of Transportation. Negligent drivers, distracted driving, and impaired driving frequently lead to these tragic incidents.
- Workplace Accidents: Fatal workplace accidents are another common cause of wrongful death claims. In industries like construction and manufacturing, workers are often exposed to dangerous conditions that can lead to fatal injuries. In 2022, Pennsylvania recorded 171 workplace fatalities, according to the U.S. Bureau of Labor Statistics.
- Medical Malpractice: Healthcare professionals who fail to provide the standard of care can be liable for wrongful death. Whether itโs due to a surgical error, misdiagnosis, or improper treatment, medical malpractice claims are complex and require the expertise of a top-rated wrongful death lawyer in Carlisle.
- Defective Products: Product manufacturers can also be held responsible for deaths caused by unsafe or defective products. This includes faulty car parts, dangerous medications, and defective household products.
- Premises Liability: Property owners who fail to maintain a safe environment can be held accountable if someone dies due to a hazardous condition on their property.
No matter the cause of the wrongful death, we are here to help you pursue justice for your loved one. As your Carlisle wrongful death attorney, we will work tirelessly to hold those responsible accountable for their actions.
Who Can File a Wrongful Death Claim in Pennsylvania?
Only specific individuals are permitted to file a wrongful death claim in Pennsylvania. The claim must be brought by the personal representative of the deceasedโs estate, but it is filed on behalf of the deceasedโs beneficiaries. These beneficiaries typically include:
- The deceasedโs spouse
- Children of the deceased
- Parents of the deceased
If the personal representative does not file a claim within six months of the date of death, any of the beneficiaries may file the claim on their behalf. At Mooney Law, we understand the emotional toll that losing a loved one takes on families. We are committed to providing compassionate legal representation and will protect your rights throughout the process.
Why Choose Mooney Law for Your Wrongful Death Case?
As a wrongful death lawyer near me, Mooney Law is dedicated to helping families in Carlisle and throughout Pennsylvania who have lost a loved one due to someone elseโs negligence. Hereโs why families trust us with their most important cases:
1. Proven Experience
We have a track record of successfully handling wrongful death claims in Carlisle and beyond. Our legal team understands the intricacies of Pennsylvania wrongful death law and knows how to represent your case effectively. We are proud to be recognized as a top-rated wrongful death lawyer in Carlisle and bring this expertise to every client we represent.
2. Compassionate Support
We know that dealing with the loss of a loved one is emotionally draining, and legal proceedings can add to the stress. Our team offers compassionate, personalized support during this difficult time. We will handle the legal aspects of your case, allowing you to focus on healing.
3. Aggressive Representation
While we are compassionate with our clients, we are relentless in holding responsible parties accountable. As your Carlisle wrongful death attorney, we will aggressively pursue maximum compensation for your family. Whether through settlement negotiations or in court, we fight for the justice your loved one deserves.
4. No Upfront Fees
At Mooney Law, we operate on a contingency fee basis. This means you donโt have to worry about upfront legal costs. We only get paid if we successfully recover compensation for you. This allows you to focus on your family without the financial stress of legal fees.
How We Can Help
At Mooney Law, we are committed to providing comprehensive legal support to families dealing with the aftermath of wrongful death. As your personal injury lawyer in Carlisle, we will:
- Investigate the cause of death and identify the responsible party
- Gather and present evidence to support your claim
- Work with experts to calculate the full extent of your damages
- Handle negotiations with insurance companies
- Represent your family in court if a fair settlement cannot be reached
We aim to provide you with the support and guidance you need during this challenging time. We understand that no amount of money can replace your loved one, but a wrongful death claim can help alleviate some of the financial burdens that come with such a loss.
Contact Mooney Law: Your Carlisle Wrongful Death Attorney
If you have lost a loved one due to someone elseโs negligence, you donโt have to face this difficult time alone. Our experienced wrongful death lawyers in Carlisle are here to help. We will guide you through every step of the legal process, ensuring your familyโs rights are protected.
Contact us today for a free consultation. Let us help you seek the justice and compensation your family deserves.