Wrongful death refers to a situation where someone dies due to the negligent, reckless, or intentional actions of another, and the deceased’s family can pursue a civil lawsuit to recover damages. It is a claim for compensation when a person’s death is caused by the wrongful conduct of another, similar to a personal injury claim if the deceased had survived.
Wrongful death cases involve specific legal rules and procedures that can be challenging to navigate without legal expertise. A York wrongful death lawyer from Clark & Howell has the legal resources to conduct a thorough investigation, gather evidence (medical records, police reports, witness statements), and work with experts to build a strong case. Our talented personal injury attorneys could help calculate the full extent of damages, including immediate losses like funeral costs, along with long-term financial losses.
A person may bring a wrongful death lawsuit when another individual’s wrongful or negligent actions cause someone’s death. The law requires the plaintiff to file the claim within two years of the date of death, or within six years if the death results from homicide. To prevail, the plaintiff must show that the defendant owed a duty of care to the deceased, breached that duty, and that the breach directly caused the death.
In York and across the state, the personal representative of the deceased person’s estate is the only one who can file a wrongful death lawsuit. This representative is typically the executor named in the deceased’s will, or if there’s no will, appointed by the court. While the personal representative files the lawsuit, the damages awarded are distributed to the deceased’s heirs as outlined by state law.
Determining the cause of death is crucial, as liability generally requires proving that the defendant’s negligence or wrongdoing caused the death. Plaintiffs need to prove the defendant acted negligently, which means failing to exercise reasonable care that led to the death. Our experienced York wrongful death attorneys could work tirelessly to prove that negligence led to your loved one’s death and demonstrate the damages suffered by surviving family members.
A wrongful death lawyer from Clark & Howell in York could help survivors recover damages for both economic and non-economic losses resulting from their loved one’s death. These damages can include:
The court distributes damages from a wrongful death lawsuit to the deceased person’s heirs, typically including a surviving spouse and children. If no spouse or children survive, other relatives, such as parents, siblings, or extended family members, may qualify to receive compensation.
The point of a wrongful death claim is to provide financial compensation to surviving family members for the death of a loved one caused by the negligence or intentional act of another. It seeks to make the family whole by compensating for the losses caused by the death.
Our compassionate York wrongful death lawyer could provide invaluable support and expertise throughout the case process. Determining who is responsible for the wrongful death can be challenging, but a lawyer can significantly increase the likelihood of a successful outcome.
Our attorneys could fight to ensure your family receives the compensation you are owed from the at-fault party or parties. Contact our office today for legal help and request your free confidential case evaluation.
207-363-5208
207-363-5208