Sure. It’s just like any other negligence action. If you can show that the level of wrongdoing rose above and beyond negligence and was more willful or reckless, then you could certainly be entitled to punitive damages.
How Are The Damages Generally Divided Amongst The Recipients Of The Award?
Pennsylvania law guides us there. These types of actions do require court approval for not just the settlement amount but also the distribution so in Pennsylvania only certain family members are entitled to wrongful death portion of this claim. That is guided by Pennsylvania testate law and the survival action portion of any kind of recovery is guided by the decedent’s will. So you would have to follow the division that the will calls for but all in all it is all proposed and decided on by Orphans Court.
What Is The Statute Of Limitations For Filing A Wrongful Death Case?
Generally the wrongful death statute of limitations is two years from the date of death. However we also must address the survival action and that statute may expire sooner. That may run as early as two years from the time that the deceased knew or should have known of their injury prior to their death. So that allows you to capture any type of pain or suffering that the decedent experienced before the death.
What Is A General Timeline For A Wrongful Death Case?
They do vary from county to county and they also vary with regards to the complexity of the action itself. An accident case for the most part, is far less complex than perhaps a medical malpractice action that results in death. Overall though, you can expect that this type of litigation might take anywhere from one or two plus years to resolve.
Should The Dependents Each Hire A Separate Attorney To Represent Them In A Wrongful Death Claim?
The representative who is going to handle the claim is obliged under Pennsylvania law to represent the interests of all beneficiaries. So it certainly is more feasible and highly recommended that only one person or you can have co-executors or co-administrators do so as well but otherwise it gets far too complicated and the court would narrow that down and only select one or two representatives.
What Sets You And Your Firm Apart In Handling Wrongful Death Claims?
Our results set us apart from others. You can see synopses of our cases that are wrongful death cases on our website which is foderalawfirm.com. The attorneys here at Fodera & Long have a combined experience of handling wrongful death claims for probably over a combined of over 70 years now. They either derive from an accident versus malpractice with the injury being the ultimate that is the death of the individual. You can certainly see all that on our website.
For more information on Punitive Damages In Wrongful Death Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (215) 569-1212 today.