Pottsville, PA Wrongful Death Attorney

Providing Support and Legal Guidance in Your Time of Need

If you’re dealing with the loss of a loved one due to someone else’s negligence, the grief is overwhelming, and seeking justice can seem daunting. At Metzger Wickersham, we understand how traumatic and challenging this time can be and are dedicated to providing compassionate and professional legal guidance throughout the wrongful death process. 

Our team has decades of experience handling these cases, and we’re prepared to fight for justice for your family. We understand that no amount of compensation can replace your loved one. Nevertheless, pursuing a wrongful death claim can help alleviate financial burdens and hold the negligent party accountable. At Metzger Wickersham, we’re passionate about helping families seek justice in their time of need. 

If you suspect a loved one has suffered wrongful death due to another’s negligence, contact us online or at (570) 580-4828 to schedule a consultation with a qualified attorney. 

Determining Liability in Wrongful Death Cases

Determining liability in wrongful death cases is often a complex process. However, it’s crucial to hold the responsible party accountable and seek justice for your loved one. The first step in this process is proving negligence. This requires demonstrating that the defendant had a duty of care towards the deceased, breached that duty, and that this breach directly resulted in the death.

In wrongful death cases, evidence plays a pivotal role. This includes eyewitness testimonies, surveillance footage, police reports, and medical records. Working with a skilled attorney who understands the nuances of wrongful death cases is also essential. 

At Metzger Wickersham, we’re committed to thoroughly investigating these cases and ensuring that families get the justice they deserve. Our team of experienced attorneys can help you navigate the legal complexities of wrongful death cases and seek justice for your loved one. 

Who Can File a Wrongful Death Lawsuit?

In Pennsylvania, the right to file a wrongful death lawsuit is generally limited to the personal representative of the deceased person’s estate. This is typically a close family member, such as a spouse, parent, or child. However, if a personal representative has not been appointed or is unwilling to file the suit, any beneficiary of the deceased person’s estate may be able to file. It’s important to remember that every case is unique, and the specific circumstances surrounding your loved one’s death could impact who is eligible to file.

It’s also important to note that wrongful death claims must be filed within a specific period, known as the statute of limitations. In Pennsylvania, the statute of limitations for wrongful death claims is generally two years from the date of the death. Failure to file a wrongful death claim within this period could mean losing the right to seek compensation altogether.

Navigating the legalities of a wrongful death claim can be complex and emotionally taxing. This is why it’s crucial to work with an experienced attorney who can guide you through the process and fight for the justice your loved one deserves. At Metzger Wickersham, we have the knowledge, experience, and compassion to handle these sensitive cases and help you pursue the compensation you need to ease financial burdens during this difficult time.

Determining Compensation in a Wrongful Death Claim

Wrongful death cases can arise from various situations, including car accidents, workplace incidents, medical malpractice, and more. Each scenario necessitates a unique approach to building a solid case. Our experienced attorneys are adept at gathering evidence, negotiating with insurance companies, and presenting compelling arguments in court. 

We genuinely empathize with your loss and are committed to securing the maximum compensation for you. 

This could include: 

• Funeral and burial expenses 
• Loss of companionship and support
• Pain and suffering endured by the deceased before death 
• Loss of income or benefits that the deceased would have likely earned had they survived 
• Medical bills incurred prior to death 
• Punitive damages in cases involving gross negligence or intentional harm. 

The determination of compensation in a wrongful death claim is a multifaceted process, taking into account various factors associated with the death. The primary factor is the financial impact related to the loss of the deceased – this often includes any expected future earnings, benefits, or inheritance the deceased may have contributed to their family’s welfare. 

The deceased’s age, health condition before the incident, life expectancy, and earning capacity are all taken into account. The court also considers the deceased’s character, including reputation and relationship with family members, as well as any tangible (like financial support) and intangible losses (like companionship and guidance) suffered by the surviving family members.

In some wrongful death cases, the court may also award punitive damages. Unlike compensatory damages, which aim to restore the financial position of the victim’s family, punitive damages are designed to punish the defendant for particularly egregious or reckless behavior and to deter similar conduct in the future. 

The amount awarded in punitive damages varies greatly and depends on the defendant’s conduct and financial means. In all cases, however, the final compensation calculation is a complex process that requires professional legal guidance. At Metzger Wickersham, we are committed to ensuring our clients receive total and fair compensation for their losses.

Let Us Help Your Family Recover

At Metzger Wickersham, we’re passionate about helping families seek justice for their loved ones. We understand that no amount of compensation can replace them, but we believe that families deserve competent and compassionate legal support to help them move forward. 

Do not hesitate to reach out to us. Time is of the essence in wrongful death cases due to Pennsylvania’s statute of limitations. Delaying could jeopardize your chances of securing rightful compensation. We provide free consultations where we attentively listen to your situation and provide informed legal guidance. 

Our goal is to shoulder your legal burdens during this difficult time and let you focus on healing and remembering your loved one. Above all, we understand the importance of patience and sensitivity during these trying times. We know navigating the legal process can be confusing, especially when dealing with grief. That’s why we’re here to make the process as smooth as possible, offering support and guidance every step of the way.

Contact us today for a free consultation with a competent wrongful death attorney in Pottsville, PA, by calling (570) 580-4828 or  filling out our online form.