Chester Wrongful Death Lawyer

If you’re searching for answers after losing a loved one due to someone else’s negligence, the Chester wrongful death attorneys at Munley Law understand the profound impact this loss has on your family. Our experienced legal team has helped families throughout Chester and Delaware County seek justice for the death of a loved one and secure their futures.

Pennsylvania law allows family members to seek compensation when negligence leads to death. At Munley Law, we’ve spent decades representing families in wrongful death cases stemming from medical errors, workplace accidents, motor vehicle crashes, and other preventable incidents. We handle the legal complexities while ensuring your family’s rights and interests remain protected throughout the process.

We know that no amount of compensation can make up for your loss. However, holding responsible parties accountable can help prevent similar tragedies and provide the financial security your family needs to move forward. Our Chester personal injury attorneys are here to guide you through each step with the attention and respect your case deserves.

What Is a Wrongful Death Claim in Chester, PA?

Under Pennsylvania law, wrongful death is defined as a death caused by another party’s negligent, reckless, or intentional actions. The state’s wrongful death statute (42 Pa.C.S. § 8301) allows certain family members to file a civil lawsuit seeking compensation for their losses. This differs from criminal cases, as wrongful death claims focus on financial recovery rather than criminal punishment.

When evaluating whether an incident qualifies as wrongful death, Pennsylvania courts consider whether the deceased person would have had grounds for a personal injury lawsuit had they survived. For example, if a driver runs a red light and causes a fatal crash, the victim’s family may file a wrongful death claim because the driver’s negligence directly caused the death. The key factor is establishing that the defendant’s conduct or failure to act led to the fatality.

Wrongful Death vs. Survival Action

In Pennsylvania, wrongful death and survival actions are two distinct legal claims that can arise after a fatal accident, each serving a different purpose.

A wrongful death claim is filed by the deceased person’s personal representative on behalf of the surviving family members, such as a spouse, children, or parents. This claim seeks compensation for losses suffered by the family, including funeral and burial expenses, lost financial support, and loss of companionship and guidance. The damages recovered go directly to the eligible family members, not the deceased’s estate.

A survival action, on the other hand, is brought by the deceased’s estate and seeks compensation for the pain, suffering, and losses the deceased experienced before their death. This includes medical expenses, lost wages, and conscious pain and suffering from the time of injury until death. Any damages awarded in a survival action become part of the deceased’s estate and are distributed according to their will or Pennsylvania’s intestacy laws if no will exists.

Who Can File a Wrongful Death Claim?

Pennsylvania law specifies that the personal representative of the deceased person’s estate must file the wrongful death claim. This representative is typically named in the deceased’s will or appointed by the court if no will exists. They act on behalf of the beneficiaries throughout the legal process.

The primary beneficiaries under Pennsylvania law include:

• The deceased’s spouse
• Children
• Parents, if the deceased person had no spouse or children

When these primary beneficiaries don’t exist, other dependent relatives may be eligible to receive compensation based on their relationship with the deceased and level of dependency.

The personal representative has six months from the date of death to file the claim. If the representative fails to act within this timeframe, any of the beneficiaries can file the lawsuit on behalf of all beneficiaries, protecting their collective right to seek compensation.

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Common Causes of Wrongful Death In Chester

In Chester and throughout Pennsylvania, wrongful death cases often stem from preventable incidents.

Car accidents and truck accidents

Motor vehicle accidents on roads like I-95 or Route 322 can lead to fatal injuries, particularly when they involve commercial trucks, distracted drivers, or impaired motorists. Munley Law handles wrongful death lawsuits stemming from car accidents, commercial truck accidents, pedestrian accidents, motorcycle crashes, and bicycle crashes.

Medical malpractice

Medical errors may result in patient deaths through surgical mistakes, medication errors, or failure to monitor patients’ conditions. A delayed or missed diagnosis can delay necessary treatment and allow the patient’s prognosis to worsen or become fatal.

Work injuries

Workplace accidents, particularly in Chester’s industrial areas and construction sites, can cause fatal injuries through falls, equipment malfunctions, or exposure to hazardous materials. These cases often involve OSHA violations or insufficient safety protocols.

Defective products

Product defects in consumer goods, machinery, or vehicles may lead to fatal accidents when manufacturers fail to ensure their products’ safety.

Nursing home abuse or neglect

Nursing home negligence represents another common cause, where inadequate care, supervision, or medical attention results in a resident’s death.

Whatever caused your loved one’s wrongful death, having an experienced personal injury lawyer at Munley Law listen to your story and assess your claim is the first step toward justice.

Proving a Chester Wrongful Death Case

To win a wrongful death case in Chester, PA, your attorney must prove four distinct elements that show the defendant’s responsibility for your loved one’s death:

• The defendant had a duty of care toward the deceased – for instance, a doctor’s obligation to provide competent medical treatment or a driver’s responsibility to follow traffic laws.
• Your attorney must then demonstrate how the defendant breached this duty through their actions or inaction.
• The case must establish a direct link between the defendant’s breach of duty and your loved one’s death. For example, if a truck driver fell asleep at the wheel and caused a fatal collision on I-95, we would need to prove that their failure to maintain alertness directly caused the crash and subsequent death.
• Finally, we must document the specific damages your family has suffered, from financial losses to emotional impact.

Evidence to Support Your Wrongful Death Claim

Building a strong wrongful death lawsuit requires substantial evidence. Medical records tell the story of your loved one’s final treatment, including any potential medical mistakes or the extent of accident-related injuries. Police reports provide official documentation of accidents, including witness statements and initial findings of fault.

Expert witnesses play a vital role in explaining complex aspects of your case to a jury. Medical experts can testify about the standard of care and how it was breached. Accident reconstruction specialists can demonstrate how a crash occurred. Economic experts calculate the long-term financial impact of losing a wage earner.

Physical evidence from accident scenes, surveillance footage, and photographs help create a clear picture of what happened. Employment records and tax returns document the deceased’s earning capacity. Text messages, emails, and phone records may show negligent behavior, such as texting while driving. Our legal team works with investigators to gather and preserve all relevant evidence before it disappears or degrades.

Compensation Available in a Wrongful Death Claim

Economic Damages

When calculating compensation in a wrongful death case, we start by examining the financial impact of your loss. Economic damages cover concrete monetary losses your family faces. These include medical bills from your loved one’s final care, whether from emergency treatment or extended care before death. Wrongful death claims also provide compensation for funeral and burial expenses.

If your loved one provided income to the family, we calculate the total lost wages and benefits they would have earned throughout their expected career. This includes their salary, bonuses, retirement contributions, and health insurance benefits. We work with financial experts to project these losses accurately, accounting for likely promotions and career advancement opportunities.

Non-Economic Damages

Pennsylvania law recognizes that the impact of losing a family member extends far beyond financial considerations. Non-economic damages compensate for the intangible losses your family experiences. The loss of companionship, guidance, and emotional support represents a significant portion of many wrongful death claims.

The emotional distress and mental anguish family members experience after a wrongful death also warrant compensation.

While no amount of money can truly compensate for these losses, the law provides this remedy to acknowledge your family’s suffering, and provide some measure of financial security for your future.

Pennsylvania’s Statute of Limitations for Wrongful Death Cases

Pennsylvania law sets a strict two-year deadline for filing wrongful death lawsuits, starting from the date of death. While two years might seem like a long time, building a strong wrongful death lawsuit requires extensive preparation and investigation, so it is best to contact a lawyer as soon as possible.

There are limited exceptions to this filing deadline. If fraud concealed the cause of death, the court might extend the timeline. Similarly, if the deceased person was a minor, different rules may apply. A wrongful death attorney can determine if these exceptions apply in your case.

Why Choose Our Chester Wrongful Death Lawyers?

At Munley Law, we understand that you’re going through one of life’s most difficult experiences. Our attorneys take time to understand your family’s unique situation and needs. We handle all communication with insurance companies and defense lawyers, allowing you to focus on your family.

Our record of success in Chester wrongful death cases stems from decades of experience. We’ve handled cases involving every major employer and medical facility in Delaware County. Our attorneys have secured significant settlements in cases ranging from industrial accidents to medical malpractice. This experience helps us anticipate defense strategies and build stronger cases.

We prepare every claim as if it’s going to trial. We’ve earned respect from judges, opposing counsel, and insurance companies through our thorough preparation and professional approach. Our firm has the resources to take on large corporations and their insurance companies, including access to top expert witnesses and advanced technology for case preparation.

No Upfront Fees

We handle wrongful death claims on a contingency fee basis, meaning you pay nothing unless we win your case. Our firm covers all costs of investigating and preparing your claim, including expert witness fees, court costs, and document retrieval. We only receive payment as a percentage of your settlement or verdict.

This arrangement allows families to pursue justice regardless of their financial situation. It also aligns our interests with yours – we succeed only when you do. During your free consultation, we’ll explain our fee structure clearly so you understand exactly how it works.

Our Philadelphia office handles cases throughout Delaware County and the surrounding region. We’ve built relationships with local courts, law enforcement, and medical providers that help us serve our clients more effectively. When you work with Munley Law, you get both the resources of a major law firm and the personal attention of a local practice.

Contact a Chester Wrongful Death Attorney Today

When you’re ready to discuss your case, our wrongful death lawyers are here to help. We offer free, confidential consultations at our local office or at your home, depending on what works best for your family. During this meeting, we’ll listen to your story, answer your questions, and explain your legal options clearly.

Time is an important factor in wrongful death claims. Evidence needs to be preserved, witnesses need to be interviewed, and legal deadlines must be met. Contact Munley Law today to schedule your free consultation. You can reach us by phone 24/7 or fill out our secure online form.

We understand that dealing with legal matters while grieving is challenging. Let our experienced team handle the legal work while you focus on your family. Every conversation is completely confidential, and there’s no obligation to move forward. We’re here to help you understand your rights and make informed decisions about your case.

Munley Law Personal Injury Attorneys

1617 John F Kennedy Blvd
Suite 1690,
Philadelphia, PA 19103
(215) 515-7747