Pottstown Wrongful Death Lawyer

Losing a loved one is painful, and if their death was caused by negligence, justice is essential. Kingbird Legal’s Pottstown wrongful death lawyer will guide you through the legal process, working to hold responsible parties accountable. Call 484-289-4880 today for a free consultation, and let us help you seek justice and compensation for your family’s loss.

Filing a Wrongful Death Claim After a Fatal Workplace Accident

When a loved one dies as the result of a workplace accident, the emotional toll is unimaginable. In addition to the grief and sorrow, families are often left to deal with financial instability, particularly if the deceased was the primary breadwinner. In Pennsylvania, family members who lose a loved one due to a fatal workplace accident may have the option to file a wrongful death claim.

Filing a wrongful death claim can provide financial compensation to help cover medical bills, funeral expenses, and lost wages, as well as compensation for the emotional pain caused by the loss. However, the legal process can be complex, and it’s important to understand the steps involved.

What Is a Wrongful Death Claim?

In Pennsylvania, a wrongful death claim is a legal action filed by the surviving family members of someone who has died due to the negligence or intentional actions of another party. This can include accidents caused by unsafe working conditions, equipment failure, or reckless behavior on the part of an employer, co-worker, or another third party.

When a fatal workplace accident occurs, the victim’s family may pursue a wrongful death claim to hold the responsible parties accountable and recover compensation for their losses. The claim is usually filed by the personal representative of the deceased’s estate, which is often a close family member, such as a spouse or adult child.

It’s important to note that Pennsylvania workers’ compensation laws also provide benefits to families who lose a loved one due to a workplace accident. However, workers’ compensation is generally limited in its scope and does not allow for compensation related to pain and suffering or punitive damages. In some cases, a wrongful death claim may be filed in addition to a workers’ compensation claim if a third party is found to be at fault for the accident.

Common Causes of Fatal Workplace Accidents

Workplace accidents can happen in many different industries, and the risks vary depending on the nature of the job. Some of the most common causes of fatal workplace accidents in Pennsylvania include:

Construction Site Accidents: Construction workers are often at risk for fatal accidents due to falls, equipment malfunctions, or being struck by heavy machinery or falling objects.
Motor Vehicle Accidents: Workers who drive for a living, such as truck drivers or delivery drivers, are at a higher risk for fatal accidents caused by collisions, reckless driving, or weather conditions.
Machinery Accidents: Workers who operate heavy machinery are at risk of fatal injuries from equipment malfunctions or improper use. In some cases, inadequate training or failure to follow safety procedures can lead to fatal accidents.
Exposure to Hazardous Materials: Employees working with hazardous chemicals or in environments with dangerous toxins may be at risk for fatal illnesses, such as lung disease, cancer, or poisoning.
Workplace Violence: Some workplaces, particularly those that involve high-stress environments or customer interactions, may experience incidents of workplace violence, including fatal shootings or assaults.
Falls and Trip Hazards: In some industries, particularly in warehousing, retail, and healthcare, workers may suffer fatal falls due to poor maintenance of the work environment, uneven floors, or slippery surfaces.

Who Can File a Wrongful Death Claim in Pennsylvania?

In Pennsylvania, the following individuals may file a wrongful death claim:

Spouse of the Deceased: The spouse of the deceased worker can file a claim for wrongful death in Pennsylvania. They are often entitled to compensation for lost companionship, emotional suffering, and loss of financial support.
Children of the Deceased: If the deceased worker was a parent, the surviving children may be able to file a claim. In Pennsylvania, children are entitled to compensation for the loss of parental guidance, affection, and support.
Parents of the Deceased: If the deceased worker was unmarried and did not have children, the parents may be eligible to file a wrongful death claim. In these cases, parents can seek compensation for the loss of their child.
Siblings and Other Relatives: In some situations, siblings or other close relatives may be able to file a claim if there is no surviving spouse, child, or parent.

In Pennsylvania, the wrongful death claim must be filed by the personal representative of the deceased’s estate, who is usually the executor or administrator of the estate. This person can be an attorney, spouse, or another family member.

The Process of Filing a Wrongful Death Claim in Pennsylvania

Filing a wrongful death claim after a workplace accident in Pennsylvania requires several key steps. It is essential to work with an experienced wrongful death attorney to ensure that your claim is filed properly and within the required time frame. Below is an overview of the general process:

Consult a Personal Injury Lawyer: The first step is to consult with a personal injury lawyer who specializes in wrongful death claims. An attorney can help you understand your rights and determine whether a wrongful death claim is the appropriate course of action. They can also evaluate whether there is a third party responsible for the accident, in addition to the employer.
Investigation and Evidence Gathering: Your attorney will conduct an investigation into the circumstances surrounding the fatal workplace accident. This may involve reviewing accident reports, medical records, witness statements, and other evidence to determine fault. They may also consult with experts, such as engineers or safety specialists, to assess the cause of the accident.
Filing the Claim: Once the investigation is complete, your attorney will file the wrongful death claim in the appropriate court. The claim will outline the facts of the case, the damages being sought, and the responsible parties.
Negotiating a Settlement: Many wrongful death claims are settled before reaching trial. Your attorney will negotiate with the insurance companies or the responsible parties to reach a fair settlement that covers medical expenses, funeral costs, lost wages, and other damages.
Trial: If a settlement cannot be reached, the case may go to trial. Your attorney will present evidence and arguments in court to prove that the defendant is responsible for the fatal workplace accident and that you are entitled to compensation.

Types of Compensation Available

The compensation available in a wrongful death claim can vary depending on the circumstances, but some of the most common types of damages include:

Funeral and Burial Costs: The surviving family members may receive compensation for the expenses related to the funeral and burial of their loved one.
Medical Expenses: If the deceased received medical treatment before passing away, the family may be able to recover medical expenses for the care provided.
Lost Wages: The surviving family members may be entitled to compensation for the income the deceased would have earned had they not died.
Loss of Companionship and Support: Family members may receive compensation for the emotional and mental anguish caused by the loss of their loved one, including the loss of companionship, love, and support.
Punitive Damages: In cases of gross negligence or intentional harm, the court may award punitive damages to punish the responsible party and deter similar actions in the future.

Pottstown Wrongful Death Attorney – Seeking Justice for Your Loved One

Losing a loved one in a workplace accident is a traumatic experience that can have lasting effects on a family. In Pennsylvania, filing a wrongful death claim may provide the necessary compensation to help with financial and emotional losses. If you believe your loved one’s death was caused by a workplace accident, it’s essential to consult with a personal injury lawyer who can guide you through the legal process and help ensure you receive the compensation you deserve.

Kingbird Legal’s Pottstown wrongful death attorney will work hard to hold the responsible parties accountable and pursue justice for your family. Call 484-289-4880 today for a free consultation, and let us help you get the closure and compensation you deserve.