Possibly. Pennsylvania courts have permitted bringing a wrongful death action on behalf of a viable fetus who died in utero because of someone’s wrongful actions. Speak with an experienced Philadelphia wrongful death attorney about the scope of your family’s rights in the event of a tragic death of an unborn child.
Punitive damages are damages that extend beyond the victim’s costs and impacts to his or her life. Punitive damages are designed to punish the at-fault party for particularly reckless behavior. Pennsylvania allows families to seek punitive damages in wrongful death cases. Your attorney can explain whether this is an option in your case.
Determining the proper jurisdiction in which to file a wrongful death lawsuit is sometimes a complex matter. We generally advise someone in this unfortunate situation to speak first with a local lawyer here in Philadelphia to determine the best course of action forward. The lawyer may conclude that the lawsuit belongs in another state’s court,…
Generally speaking, workers are covered by Pennsylvania’s workers’ compensation law. Workers’ compensation is an insurance policy that most employers in the Commonwealth must purchase for their employees. This insurance provides a death benefit intended for family members after a workplace accident has caused the death of an employee. The availability of this death benefit usually…
It seems impossible to place a dollar amount on the death of anyone, regardless of any age. However, monetary damages represent the only form of compensation our legal system can offer for a wrongful death. In some cases, we have found that the dollar value of damages in cases involving children and the elderly has…
One of the most important jobs of an experienced Philadelphia wrongful death attorney is to calculate the damages a grieving family should receive. The calculation generally seeks to put a dollar value on the loss the family incurs because of a tragic death. Two broad categories of damages figure into this calculation: economic damages—such as…
Yes. In fact, as with other personal injury actions, most (but not all) wrongful death cases settle out of court before reaching a trial. Experienced Philadelphia wrongful death attorneys often spend significant amounts of time negotiating with opposing parties and their insurance representatives in pursuit of a fair and reasonable settlement of a wrongful death…
Under Pennsylvania law, wrongful death settlements or jury awards get divided as follows: If there is a spouse, the first $30,000 is allocated to the spouse. The remainder is divided between the spouse and children. If there is no spouse, then the full award is divided between the surviving children. If there are no surviving…
According to the Internal Revenue Service, except for punitive damages, most wrongful death settlements and awards are not taxable. However, survival action awards are taxable to the extent they comprise lost and future wages which would have been taxed had the decedent survived. Speak with an experienced wrongful death attorney to understand the tax implications…
Most individuals who have experienced a motor vehicle or motorcycle accident often assume that their own or someone else’s insurance company will help them through the ordeal by paying benefits that cover medical costs and other expenses. After all, isn’t that what insurance is for? Maybe so, but the fact of the matter is that…