File a Civil Suit with Marc T. Valentine & Associates PC in Somerset, PA
Filing a wrongful death claim can be challenging for everyone. Pennsylvania Rule 2202 states that only a “personal representative” of the decedent may file a claim. State law defines “wrongful death” as death caused by another person’s negligence or unlawful action. These lawsuits center on the same theory as personal injury suits: negligence. Do you know when you should file a lawsuit? Marc T. Valentine & Associates PC can help.
We will explain the rules for filing a wrongful death lawsuit in Pennsylvania and what damages you can recover. Along with this, we will explain the statute of limitations or filing civil suits. Marc T. Valentine & Associates PC prides itself on serving our clients in the best way possible. We are happy to educate our Somerset-area clientele on knowing when to file a wrongful death lawsuit.
Follow the Rules When Filing a Wrongful Death Claim
Not everyone can file an illegitimate death lawsuit. As we mentioned above, only a personal representative from the family of the decedent may do so. This individual is in charge of distributing any compensation that may result from the suit. Prior to bringing the claim, the representative must obtain an order that authorizes them to file an action. This order takes the form of a petition with the court. Anyone interested in becoming a personal representative should consult an attorney before doing so. Failure to submit the proper paperwork can hurt your chances of filing. If you are considering filing an illegitimate death lawsuit, it’s important to follow these rules.
Rule 2022 Contains One Exception
Individuals entitled by law to recover damages can file a suit if representatives fail to do so within six months. This individual can either be a personal representative or a family member. They will act as trustee ad litem or trustee for the purposes of legal action. While a wrongful death lawsuit is underway, no one else can bring another effort from the same death. This rule within the state legislature may seem confusing to understand. If you are filing a lawsuit and having trouble understanding Rule 2022, our team can help you.
Understand The Damages Available in a Survival Action
There are differences between wrongful death claims and survival actions. In survival actions, similar to personal injury suits, the plaintiff can recover for the victim’s medical expenses and more. These lawsuits focus on compensation for the surviving family members or beneficiaries. The payment can include:
Estate Administration Costs
Loss of Income and Employment Benefits
Loss of the Deceased Person’s Love, Support, Service, and Companionship
Some of these damages are for specific family members such as spouses or children. Others can go to the personal representative even if there are surviving family members. Amounts and types of damages depend on the nature of the accident and the harms suffered.
Remember to File a Claim Within the Statute of Limitations
The Commonwealth of Pennsylvania has a law known as a “statute of limitations.” This law sets a time limit for filing wrongful death lawsuits. In Pennsylvania, individuals must file suits within two years of the person’s death. Pa. Stat. and Cons. Stat. § 5524 states that courts will dismiss cases filed beyond this period. It’s imperative to act quickly if you wish to file a lawsuit. Consult the assistance of one of our attorneys to understand how to go about the process.
If you are in the process of filing an illegitimate death lawsuit or considering doing so, you may need help. It’s a good idea to consult a reputable law firm to help you through the process. These claims can seem daunting to navigate. With the help of an experienced lawyer, you can better understand how the law applies to your specific situation.
Choose Marc T. Valentine & Associates PC for Civil Litigation Service
When you hire Marc T. Valentine & Associates PC as your litigator, we will provide premium personal attention. We pride ourselves on helping our clients in Somerset, PA, get the best results possible for their cases. Our honest, prompt, and professional legal representation has helped countless clients in and around Somerset, PA. Marc T. Valentine & Associates PC will put our experience to work and get you what you deserve.
Since our inception, we have developed an excellent reputation throughout Somerset, PA, as the area’s trusted law firm. Our convenient location in Somerset, PA, allows us to serve several individuals and families in the area. We have helped residents in and around Somerset, Pa, settle civil litigation lawsuits for years. Visit the civil litigation page on our website to learn more about how our services can help you. Our Somerset, PA, law firm is here to answer any questions you have about correctly navigating this process.
For more information, call Marc T. Valentine & Associates PC at (814) 701-2835. Clients can also email us. Our law firm brings many years of experience to courtrooms across Somerset, PA. We will use our expertise to fight for your rights and help you get the money you deserve. Reach out to us today to learn more about filing a wrongful death claim.