It’s extremely difficult for anyone to lose a loved one. When the death is due to the wrongful conduct of another, the pain can be overwhelming. We understand how tough it is for family members to come to terms with the filing of a wrongful death lawsuit after losing a loved one. But please keep in mind that a delay could affect you or your family members’ legal rights.
Generally, the statute of limitations in Pennsylvania and New Jersey allows up to two (2) years from the date of death to file a lawsuit for wrongful death or survival claims. Don’t wait until the last minute.
Common causes resulting in wrongful death include automobile accidents, medical misstates, workplace accidents, defective products, and nursing home abuse.
Both Pennsylvania and New Jersey have created wrongful death laws to provide a cause of action for losses incurred by family members of the deceased who are defined as beneficiaries. The beneficiaries under a wrongful death claim generally include the spouse, parents or children of the deceased. Those beneficiaries can seek compensation for the monetary loss suffered by them from the death of the deceased family member, as well as the loss of support, society, companionship, service, guidance and nurturing the deceased person would have provided to the beneficiaries over the course of the deceased person’s expected lifetime.
Additionally, both states have Survival Acts which allow the estate of the deceased to make a claim for any pain and suffering that the decedent endured up to the time of their death. A survival claim is made on behalf of the deceased, unlike a wrongful death claim, which is made on behalf of the beneficiaries of the deceased.
The two distinct claims also have very different tax consequences upon the receipt of any compensation. Since a wrongful death claim belongs to the designated beneficiaries, any monies received by those persons are not subject to estate or inheritance taxes or any creditors of the deceased person. Because the survival claim is brought specifically for the deceased person’s injuries, any monies received would be distributed out of the deceased person’s estate, subjecting it to any applicable estate or inheritance taxes and any claims of creditors of the deceased person.
Each wrongful death case is factually unique and requires the expert evaluation of an experienced attorney to determine all of the nuances associated with either a wrongful death or survival claim. Additionally, the apportionment of any settlement or award from a wrongful death or survival claim can be quite complex and, depending on the division between the two claims, could have significant tax consequences of on the beneficiaries.
Let us be your advocate during this difficult time. Contact Flager & Yockey, P.C. Our seasoned attorneys serve Philadelphia, Bucks, Montgomery, Delaware and Chester Counties and all of Eastern Pennsylvania, including Bethlehem, Allentown, Easton, Harrisburg, Hazelton, Wilkes-Barre, Scranton, Williamsport and the Poconos as well as the entire State of New Jersey. When you select us, you receive an experienced personal injury attorney who will fight for your rights. Our experienced wrongful death lawyers can assist you or your loved one with your case.
Your family deserves justice. We can help. Call (215) 953-5200 today.
Remember, your initial consultation is free, and you don't pay us unless you win.
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