Nobody ever wants to be in a situation where they must seek financial restitution for the death of a loved one. As uncomfortable as this process can be,  it can nonetheless be crucial to protecting your family’s financial security and maximizing your overall wellbeing for years to come.

That said, filing a Philadelphia wrongful death action is not something you should go through alone. You will have a much easier time pursuing compensation with an experienced wrongful death lawyer by your side. Here are the basics about how you should go about preparing to file a claim like this and the Marrone Law Firm, LLC is here to help you put it to action when you are ready.

What Evidence Is Important for a Wrongful Death Claim?

It is always traumatizing and often infuriating to lose a loved one through an accident which that family member did nothing to cause. However, the fact that someone else was involved in a fatal accident does not automatically make them civilly liable for it. In order to make someone else pay financially for a wrongful death, it is necessary to prove they directly caused—or in some ways, significantly contributed to causing—the death through a specific negligent or illegal act.

Even if the prospective defendant in a claim has been criminally charged for their actions, any wrongful death claim built around the same incident will proceed separately from their criminal trial. It might even have a dramatically different outcome as well. With that in mind, it will be important to find and preserve as much evidence as possible which shows someone else was directly involved in a loved one’s death, including:

  • Contact information for witnesses to the fatal accident or act
  • Photos/videos of the place where the accident occurred
  • Medical records detailing care the decedent received prior to their death
  • Pay stubs, hospital bills, and other documents detailing financial losses caused by the death

A capable Philadelphia attorney could help identify and collect important information about the case prior to filing the wrongful death lawsuit. This is especially important when the family is still grieving the loss and cannot devote time to legal matters.

The Role of the Decedent’s Personal Representative

Under Pennsylvania state law, the only person who can file a wrongful death lawsuit after someone passes away due to another person’s misconduct is the “personal representative” for the decedent’s estate. This person is sometimes alternatively called the “administrator” or “executor.” They are usually someone nominated in the decedent’s will to fill this role, but they can instead be nominated by a court to perform this role if no legally enforceable will exists.

Either way, the personal representative has the responsibility of acting as the plaintiff for wrongful death litigation in the decedent’s name while always prioritizing the best interests of the decedent, their surviving family members, and their estate. If the case is successful, the personal representative is also responsible for distributing recovered compensation to the decedent’s beneficiaries, in addition to various other estate administration tasks.

Learn More About Filing a Wrongful Death Action From a Philadelphia Attorney

Of course, this is far from a comprehensive overview of everything that goes into filing a Philadelphia wrongful death action. In reality, there is no shortage of legal, procedural, and practical roadblocks you could run into during this process. Hitting any one of these roadblocks could significantly impact the amount of compensation you receive or even whether you get any compensation at all.

Fortunately, you have help available from compassionate personal injury attorneys who have years of experience helping families like yours get paid what they deserve for their immense loss. Call us today to schedule a free consultation and discuss how to file a claim.

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    Philadelphia Wrongful Death Lawyer