When someone you love dies as a result of a safety violation by someone else, whether it be due to a car accident, a product defect, the error of a medical professional, or a dangerous condition that a property owner failed to fix, the law allows the estate of the deceased to recover damages.
In Pennsylvania, that cause of action is called a Wrongful Death and Survival Action. The Wrongful Death action allows the estate to recover those damages caused to the estate as a result of someone’s death (funeral bills, loss of the guidance, love and support of the deceased to children, the earnings that person would have contributed to the family had he or she lived). The Survival Action allows the estate to recover damages as if the person were still alive (pain and suffering from the time of negligence to the death, net loss of earning capacity).
At Baratta, Russell and Baratta, we are exceptionally prepared to handle all aspects of the Wrongful Death and Survival Action. Because we are expert estate planners and administrators, we are able to immediately assist the family in opening the estate, having the court recognize the administrator or executor of the estate and help legally administer the estate. By doing so, we allow the family to grieve without having to worry about closing bank accounts, paying outstanding bills and making sure the deceased’s last wishes are honored properly. Because we are expert trial lawyers with vast experience in handling all aspects of the investigation and prosecution of the litigation against those responsible for the death, we are able to give the family the power to fight for their loved one’s loss and seek justice on their behalf.
Please feel free to contact us with any questions you may have about the handling of a Wrongful Death or Survival Action.