A Closer Look: The Process of Filing a Wrongful Death Claim in Pennsylvania

If you are facing the tragic reality of trying to move on from a fatal accident, it will be important for you to speak with a lawyer about your family’s legal rights. Fatal accidents give rise to wrongful death claims in many cases, and, for many families, filing a successful wrongful death claim will be critical for moving on.

7 Key Steps in the Process of Filing a Wrongful Death Claim

What can you expect if you hire a lawyer to pursue a wrongful death claim in Pennsylvania? Here is a brief overview of the process:

1. A Free, No-Obligation Consultation

Your first step is to schedule a free, no-obligation consultation with a wrongful death lawyer. Whether your family has an auto insurance claim or you need to file a lawsuit against a property owner or business that is responsible for your loved one’s death, you will need an experienced lawyer who can effectively represent your family throughout the process.

You should expect three main things during your initial consultation:

• You should expect to be asked questions about the circumstances involved in your loved one’s fatal accident.
• You should expect to receive answers to any questions you have about your loved one’s accident or your family’s legal rights.
• You should expect to receive the information you need to make informed decisions about your next steps.

Since timing can be important, you should schedule an initial consultation as soon as possible. Talking to a lawyer in this scenario truly costs you nothing, and you are under no obligation to move forward with taking legal action.

2. Conducting a Comprehensive Investigation

If you decide to continue moving forward, the next step will be for your family’s lawyer to conduct a comprehensive investigation. This is a critical step in the process that needs to take place as soon as possible.

Regardless of what happened and regardless of who (or what company) is to blame for your loved one’s untimely passing, filing a successful wrongful death claim requires proof of liability. The purpose of conducting an investigation is to gather the evidence needed to meet your family’s burden of proof. While the first step is often to examine the scene of the fatal accident, conducting a comprehensive investigation will frequently involve obtaining phone records, business records and a variety of other forms of documentation as well.

3. Assessing Your Family’s Legal Rights

After preserving as much evidence as possible, your lawyer’s next task will be to assess your family’s legal rights. This assessment will have two key components:

• Determining who (or what business or other entity) is legally responsible for your loved one’s untimely death; and,
• Determining how much your family is entitled to recover under Pennsylvania’s wrongful death laws.

Typically, this is the stage at which you will decide whether you want to take legal action. While families will often have claims for substantial damages, every case is unique, and you will ultimately need to decide what is the right thing to do for you and your family.

4. Filing All Viable Claims

If you decide that you want to take legal action, then the next step will be for your family’s lawyer to file all viable claims on your family’s behalf. Depending on the circumstances involved, various parties can potentially hold (or share) liability for a fatal accident in Pennsylvania. Some examples of fairly common wrongful death claims include:

• Claims against negligent drivers, vehicle owners and their insurance companies
• Claims against employers, rideshare companies and delivery companies
• Claims against property owners and their insurance companies
• Claims against companies that manufacture and sell dangerous and defective products
• Claims against governmental entities that are responsible for hazardous road or property conditions

Again, these are just examples—and it is critical not to make any assumptions about the claims that your family may (or may not) be able to file. Informed decision-making is critical throughout the process, and it will be important for you to carefully consider your lawyer’s advice every step of the way.

5. Dealing with the Insurance Companies

In the vast majority of circumstances, pursuing a wrongful death claim involves dealing with the insurance companies. You can—and should—rely on your family’s lawyer to deal with the insurance companies on your behalf. Your family’s lawyer will use the evidence gathered during his or her investigation to try to get the insurance companies to accept liability, and if they accept liability, then the next step will typically be to enter into settlement negotiations.

6. Deciding Whether to Accept an Insurance Settlement

If your family’s wrongful death case enters the settlement negotiation stage, it will be completely up to you and your loved ones to decide when—and if—to accept a settlement. Your family’s lawyer will provide advice, but this is your family’s decision to make. Accepting a settlement provides closure, but it also means that you cannot go back and seek additional compensation in the future. As a result, it is critical to ensure that you and your loved ones make an informed decision.

7. Taking Your Family’s Case to Court

If you and your family are not satisfied with the insurance companies’ best offer, then the final stage will be to take your family’s wrongful death case to court. Here, too, you will need to rely on your lawyer to seek the financial compensation you and your family deserve. Wrongful death cases still can—and often do—settle once the trial begins, but if a settlement isn’t reached, the outcome of your family’s case will be in the hands of the judge or jury.

Learn More from an Experienced Pennsylvania Wrongful Death Lawyer at Drake, Hileman & Davis, P.C.

With offices in Allentown, Bethlehem, Doylestown, Easton and Stroudsburg, we represent families in wrongful death cases across Pennsylvania. If you need to know more about your family’s legal rights, give us a call at 888-777-7098 or contact us online to schedule a free consultation.