PEDESTRIAN DEATH
Q: Attorney Tully, my husband was fatally injured in an auto accident in Allegheny County. He later died in a different county. Where is the proper place to file the lawsuit?
A: Since the accident happened in Allegheny County, the proper venue, for the wrongful death and survival claim, is likely in Allegheny County. The law considers where the injury occurred in deciding these types of issues.
NOTICE
Q: Attorney Tully, my husband was a pedestrian who was struck by a car. He later died from his injuries. Who do I have to give notice to that a wrongful death action has been started?
A: When an action for wrongful death has been started, you must notify each person entitled by law to recover damages in the action. The notice must tell those individuals that an action has begun for wrongful death. You must name the decedent and state the Court, term and number of the action.
MINOR'S WRONGFUL DEATH
Q: Attorney Tully, in a wrongful death action in which a minor or incapacitated person has an interest, what is the Court's involvement in the case?
A: Before any such case can be settled, a Court must approve the settlement. No action for wrongful death, in which a minor or incapacitated person has an interest, may be discontinued or settled until the Court, upon petition of any party or interest, approves the settlement as being fair and equitable.
PUNITIVE DAMAGES
Q: Attorney Tully, in a wrongful death/survival action, when can punitive damages be recovered?
A: Punitive damages can not be recovered in a wrongful death action. In a survival action, however, the decedent's estate may recover punitive damages if the decedent could have recovered them had she lived. Punitive damages are punishment damages against another for an outrageous, reckless or particularly offensive act.
SUING THE GOVERNMENT
Q: Attorney Tully, can an action be brought against the Commonwealth for wrongful death?
A: Yes, limited wrongful death actions can be maintained against the Commonwealth. A person suing the Commonwealth may recover the loss of the value of the decedent's services, the loss of the decedent's comfort and society, any contributions the decedent would have made to the Plaintiff, and medical expenses.
SURVIVING SPOUSE
Q: Attorney Tully, what is a surviving spouse in a wrongful death action allowed to recover?
A: A surviving spouse in a wrongful death action is entitled to the pecuniary value of the society and comfort she would have received from her husband.
WRONGFUL DEATH EXPENSES
Q: Attorney Tully, what do the administrative expenses in a wrongful death action include?
A: Administrative expenses in a wrongful death action include the cost of obtaining letters testamentary or of administration in order to qualify the Plaintiff for the purpose of bringing a wrongful death action. Expenses do not include appraiser's fees, cost of filing or advertising the executor's account, council fees, commissions, or payments for state inheritance tax.
DAMAGES FOR WRONGFUL DEATH
Q: Attorney Tully, what damages are recoverable under the Wrongful Death Act?
A: Hospital, nursing, medical and funeral expenses, administrative expenses, and the pecuniary loss to the decedent's family are all recoverable under the Wrongful Death Act.
WRONGFUL DEATH DEFINED
Q: Attorney Tully, what does the term "wrongful death" mean in the law?
A: Wrongful death means the loss of life wrongfully caused by another individual, company or corporation. It is a death brought about by another's negligence.
CIRCUMSTANCES OF DEATH
Q: Attorney Tully, under what circumstances can a wrongful death action occur?
A: A wrongful death, that is, a death brought about by another's actions or negligence, can result from any situation. Some of the more common types of wrongful death situations include auto accident fatalities, medical malpractice deaths, construction site fatalities, death caused by a drunk driver, a dangerous product that is improperly manufactured, death due to a manufacturing defect and a defective condition on the property of another leading to ones death.
WRONGFUL DEATH FEES
Q: Attorney Tully, what is your fee based upon in a wrongful death case?
A: In a Wrongful Death action, I only charge a fee if I get a recovery in the case. At my law office there are no attorney fees for a wrongful death case unless the estate recovers money.
WRONGFUL DEATH INVESTIGATION
Q: Attorney Tully, in a wrongful death action do I have to pay you money up front for your investigation of the cause of the accident?
A: No, you will not be charged any up front money if I represent you in your Wrongful Death claim. We do not charge any up front money for obtaining medical records, using investigators or experts, or other personnel in evaluating the merits of the wrongful death claim. If we do get a recovery for you in your wrongful death action, we get a share of your recovery and get reimbursed for the costs we incurred.
WHY CONTINGENCY FEES?
Q: Attorney Tully, why are your wrongful death cases done on a contingency fee basis?
A: We recognize that families who have been the victims of a wrongful death often times do not have the up front money necessary to pursue a fatality or wrongful death claim. Therefore, we fund the money up front for you throughout the investigation of your family's death claim. Only if we get you a recovery do we get reimbursed for those costs.
WHAT WILL I OWE IF I LOSE?
Q: Attorney Tully, if we are unsuccessful in getting a recovery in our wrongful death claim, how much will I owe you?
A: Nothing. We will not ask you for any reimbursement or costs if for any reason you do not receive a recovery for the wrongful death claim.
FEELING GUILTY
Q: Attorney Tully, I feel guilty about attempting to cash in on the death of my loved one by filing a wrongful death and survival claim. Is this normal?
A: It is very normal. It is important to balance that feeling with the knowledge that often times in a wrongful death claim, the only financial security the deceased family has is the recovery obtained in a wrongful death action.
WHAT MUST WE PROVE?
Q: Attorney Tully, what are some of the main parts to the wrongful death action that we must prove in order to get a recovery?
A: First, we must show someone died. Second, we must show that the loved one's death was caused by another's negligence, recklessness or other carelessness.
WHO FILES THE LAWSUIT?
Q: Attorney Tully, in a wrongful death action, who files the lawsuit on behalf of the deceased?
A: The personal representative for the decedent's estate files the lawsuit on behalf of the estate. Usually a family member acts as the personal representative of the estate in bringing a wrongful death claim.
UNSAFE CONDITIONS AND FAULTY MACHINERY
Q: Attorney Tully, can a wrongful death action be based on unsafe dangerous conditions or faulty machinery at work?
A: Yes, construction site fatalities and deaths are an unfortunate common occurrence. When individuals are working around heavy equipment including cranes, scaffolding and machines, a workplace death is all too frequent. If a loved one's death is due to negligence at the construction site, the estate may be entitled to money for the wrongful death of the loved one.
BRINGING FORTH WRONGFUL DEATH CLAIMS
Q: Attorney Tully, who may bring a wrongful death claim?
A: A wrongful death claim may be brought by a spouse, child or parent of the deceased. That individual acts as the personal representative of the estate in the wrongful death claim.
WRONGFUL DEATH ACTION
Q: Attorney Tully, what is a wrongful death action?
A: A Wrongful Death action is an action brought to recover damages for the death of an individual caused by the negligence or wrongful act of another person or company.
TEEN LOSS OF EARNINGS
Q: Attorney Tully, if a teenager dies as a result of a wrongful death, how can we determine the loss of their earnings?
A: Those determinations, by nature, involve speculation. We would usually employ a forensic economist to project out what the deceased likely earnings would be in the future.
PECUNIARY LOSS
Q: Attorney Tully, in a wrongful death action what is pecuniary loss and how do you determine pecuniary loss?
A: Pecuniary loss is financial injury. In a wrongful death case, the law considers the deceased age, his life expectancy based on work life tables, his work or earnings capacity, his employment history, his health shortly before his death, and other factors in arriving at a total pecuniary or financial injury loss for the claim.
WHY DO I NEED AN ATTORNEY?
Q: Attorney Tully, why is it important to contact an attorney before starting a wrongful death claim?
A: Because an attorney can immediately get involved in helping you.
For example, our law office can immediately use our investigator to go to the scene where the fatality occurred and secure pictures, videos and evidence about the fatality. Our investigator can also interview witnesses when the evidence is fresh and follow-up with any leads to the information obtained.
WRONGFUL DEATH VS. SURVIVAL ACTION
Q: Attorney Tully, what is the difference between a wrongful death and a survival action?
A: A wrongful death action is filed on behalf of the spouse of the deceased, the children of the deceased or the parents of the deceased, and asks for money for the family's loss of comfort, society, services and financial support. A survival action seeks to compensate the estate of the decedent for the pain and suffering, and loss of income of the deceased.
TRUCKING FATALITY
Q: Attorney Tully, can a wrongful death action occur as a result of a trucking or tractor trailer fatality?
A: Absolutely. When you consider the speed and weight of trucks and tractor trailers on our highways, it is unfortunately very easy to understand that truck and tractor trailer drivers can cause a fatality on the highway. If the truck or tractor trailer driver was careless in the operation of his truck, and this truck accident caused the death of another person, the estate of the deceased can make a claim against a truck or tractor trailer company for the wrongful death of the decedent.
In a truck or tractor trailer fatality we believe it is important to have our law office involved in the investigation immediately after the collision since vital evidence can be obtained regarding how the truck accident fatality occurred.
TRUCKING FATALITIES AND INSURANCE INVESTIGATIONS
Q: Attorney Tully, in a truck or tractor trailer wrongful death claim, will the insurance company for the trucking company have its investigators at the scene of the truck accident immediately?
A: In all likelihood, yes. As soon as a truck or tractor trailer fatality occurs, the trucking company will likely dispatch investigators and individuals to secure evidence at the scene, obtain witness statements, and investigate how the accident occurred. By having our law office involved immediately in your truck or tractor trailer fatality wrongful death claim, we can level the playing field in obtaining evidence and investigating the scene of the trucking accident.
For example, in a truck or tractor trailer wrongful death action occurring during a blizzard or white-out snow condition, it is important to get to the scene of the truck accident immediately to begin our investigation of how the fatality occurred. We want to, of course, secure a copy of the police report and the investigation that was conducted by the police into the trucking accident. That is part of our job in representing the family of a wrongful death victim.
PENNSYLVANIA SURVIVAL ACT
Q: Attorney Tully, in a wrongful death action, what does the Pennsylvania Survival Act allow the estate to recover?
A: The estate can recover for, among other things, the pain and suffering that the deceased went thru from the moment of the accident until his death. The estate can also recover funeral expenses, lost income from the time of the accident until the person's expected retirement, loss of parental services and companionship and other items of damage.
MONETARY COMPENSATION
Q: Attorney Tully, what does a Wrongful Death claim allow for in terms of monetary compensation to the family of a deceased?
A: The Wrongful Death claim provides for financial compensation to the spouse and minor children for the death of their husband or parent.
GOING TO TRIAL
Q: Attorney Tully, do all wrongful death cases go to trial?
A: No. Most wrongful death cases settle prior to trial, although each case is different. Often times in wrongful death actions, mediation is used as a way to settle a wrongful death claim.
Mediation involves the selection of an individual to bring together both sides in an attempt to amicably settle the wrongful death claim without the need for litigation. As your attorney in the wrongful death claim, we would of course be there throughout the whole procedure to make sure that your family receives the maximum recovery for the damages caused by the wrongful death of your loved one.
SETTLEING PRIOR TO TRIAL
Q: Attorney Tully, why do many wrongful death cases settle prior to trial?
A: People and insurance companies are becoming acutely aware of the enormous costs involved in litigation. Therefore, a procedure has arisen and is fairly common in the legal field today of employing another person who has no direct connection to either side in a wrongful death action. That person acts as a facilitator in resolving the claim. This is another term for mediation.
The real value of this procedure is that it allows the family and the estate of the deceased in a wrongful death action to have control over the outcome of the claim. There is no intrusive questioning involved in a mediation of a wrongful death case and no one is personally attacked by any of the parties involved.
In my experience, mediation is very valuable in a wrongful death case in bringing both sides together towards resolution of the claim in a setting outside the courtroom.
ATTORNEY ADVANTAGE
Q: Attorney Tully, what is the advantage to me of hiring you in our wrongful death claim?
A: In a word, experience. I have been an attorney for thirty years. I belong to the Association of Plaintiff Interstate Trucking Lawyers of America. I can provide you immediate answers to your wrongful death claim questions.
WRONGFUL DEATH CASES ARRIVE FROM...
Q: Attorney Tully, what are some additional situations where a wrongful death claim can arise?
A: A wrongful death case can also arise due to medical malpractice, from construction site fatalities, drunk driving related crashes, trucking accidents involving tractor trailers, product liability fatalities due to the malfunctioning of a machine, and slip & fall deaths due to defective conditions of the area where the decedent was killed. Wrongful death actions can also occur as the result of motorcycle or vehicle accidents on the highway, interstate or Pennsylvania Turnpike.
FACTORS IN DAMAGES
Q: Attorney Tully, what factors are considered in a wrongful death action for the amount of damages that the estate can recover?
A: Often times the cases center around the age of the deceased and heirs, the life expectancy of the deceased, the emotional loss of the family members, the financial loss, who the proper heirs are, the amount of insurance coverage that is involved, the loss of love and affection of the deceased to the spouse, children or parents, and other factors.
WHERE DOES THE MONEY COME FROM?
Q: Attorney Tully, where does the money come from to pay for the wrongful death of another?
A: Usually it comes from the insurance policy of the tortfeasor who caused the fatality. This means that an insurance company will be involved in evaluating the wrongful death action. In our opinion, it is very important to have an advocate in your corner to assert your wrongful death rights when discussing the matter with the insurance company for the tortfeasor.
The tortfeasor is the individual whose carelessness or neglect caused the wrongful death to occur. They are usually represented by the insurance company who contractually was paid by the tortfeasor to represent them if an accident or fatality occurs. Therefore, you want someone who can counter balance the insurance company and advocate for you and the estate. The insurance company for the tortfeasor is not on your side.
NURSING HOME ABUSE/ NEGLECT
Q: Attorney Tully, can nursing home abuse be the basis of a wrongful death action?
A: Yes, if a loved one dies in a nursing home due to the carelessness or negligence of another, the estate can bring a wrongful death action based on the nursing home abuse.
LOSS OF A DESCENDANT
Q: Attorney Tully, who may bring an action for the wrongful death of a descendant?
A: An action for wrongful death may be brought by the decedent's immediate family members. Immediate family members may include children, parents, or the surviving spouse of the decedent. The personal representative of the decedent's estate brings the wrongful death action on behalf of the estate.
ESTATE PAPERWORK
Q: Attorney Tully, if you represent us in our wrongful death action, will you be involved in helping us with the estate paperwork?
A: Yes. Part of our job in representing a wrongful death action is to help you open up the estate. This merely involves a personal representative acting on behalf of the estate of the wrongful death victim.
We will provide necessary estate paperwork to the family and help you with this process. We will also pay the filing fee that is necessary to open up an estate for you. Again, you do not have to pay us any money up front for this process and we will only be reimbursed at the conclusion of the wrongful death claim if we are successful in obtaining a recovery. We will not charge you any fees unless we win your case and get you a recovery.
PARENTS AND CHILDREN
Q: Attorney Tully, can the parents recover for the wrongful death of a child?
A: Yes. There are a variety of factors to consider in determining the extent of the recovery in this situation and we suggest you contact us immediately for help in this evaluation.
We understand there is nothing more tragic than the loss of a child due to the negligence of a person, a company or a corporation. We will help you find answers to what caused the fatality and why it occurred.
