Losing a loved one is a difficult part of life. Losing someone because of another person’s negligence is all the more excruciating. Knowing the death could have been prevented had someone acted more carefully is a burden no one should have to carry. Tragically, these wrongful deaths occur far too often.Â
If you have lost your loved one due to someone else’s negligence, Lenahan & Dempsey's attorneys can help you pursue justice and compensation. No amount of money can undo your grief or mitigate this loss, but it can hold the responsible party accountable while providing you with the means to pay for unexpected expenses.
Lenahan & Dempsey is listed in Best Law Firms in America, and we are listed as a Tier 1 law firm (the highest rating). Eight of our lawyers are listed in Best Lawyers in America, and eight are listed as Pennsylvania Super Lawyers. Three are listed in the Top 100 Lawyers in Pennsylvania, including our Firm President John R. Lenahan, Jr., our Managing Partner Timothy G. Lenahan, and lawyer Matthew Dempsey.  Â
Timothy Lenahan is Best Lawyers In America’s Top Insurance Lawyer for his representation of the injured fighting against large insurers for the region of Northeastern/Central Pennsylvania and the Pocono Mountains. He has previously been named Best Lawyers Top Personal Injury Lawyer for that region for his work fighting for the rights of injured people
Elements of a Wrongful Death Claim
The two foundational elements of these cases are:
- An individual lost their life
- The loss of life was the direct result of someone else’s negligence
The best way to determine if you have a case is to call Lenahan & Dempsey and speak with one of our lawyers who focuses on these types of issues. We will investigate the situation to determine if someone is at fault. Then we will put our team to work to hold that liable party accountable.
Unlike a homicide, a wrongful death is not always intentional. That’s why these cases are civil in nature, rather than criminal. Just because a person didn’t intend to harm your loved one, their negligence or carelessness proved fatal nonetheless. You deserve the opportunity to hold them liable in a wrongful death lawsuit.
Common Causes of Wrongful Death
Most often, a wrongful death is caused by one of the following:
- Motor vehicle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Boating accidents
- Cruise ship accidents
- Bus accidents
- Medical malpractice
- Nursing home abuse
- Defective products
- Defective drugs and medical devices
- Dog attacks
To determine if you have a Wrongful Death claim, Lenahan & Dempsey will trace the case to the source of the fatality. It can of course be another person who is responsible, such as a negligent or reckless driver. But there are other potentially liable parties: manufacturers, government agencies, corporations, transportation agencies, etc. It’s our job to doggedly pursue the best possible outcome, starting with determining fault.  Â
Wrongful Death Compensation
Although you may not want to think about seeking money amid your grief, there are real financial reasons to do so. The medical care leading up to death and costs of burial and funeral expenses can quickly become expensive. On top of those bills, you may be facing the prospect of losing your loved one’s income. These are real costs that will affect your life now and into the future. Lenahan & Dempsey’s lawyers will tirelessly pursue compensation for these losses.Â
In the event of a death caused by the fault of another, there are two legal claims recognized under Pennsylvania law: Wrongful Death and Survival. Â
A Wrongful Death claim is brought by a personal representative of the deceased for the benefit of the spouse, children or parents of the deceased loved one. Damages in a Wrongful Death claim are intended to financially compensate the decedent’s spouse, parent or children for the losses they suffered as a result of their loved one’s death.Â
Wrongful Death damages can include compensation for damages such as:
- Medical expenses (such as hospital, nursing or other medical bills) of the deceased from the time of the accident until the time of death;
- Funeral, burial and estate administrative expenses;
- Loss of financial contributions the parents, spouse or children of the decedent would have received from the deceased, including for shelter, food, clothing, medical care, education, entertainment, gifts and recreation;
- Loss of services, society and comfort the deceased would have given to his family; this can include a monetary value for items such as work around the home, physical comfort, and services, society and comfort, as well as the children’s loss of the deceased’s services such as guidance, tutelage and moral upbringing;
- The emotional and psychological loss suffered by certain family members as a result of the deceased’s death;
A Survival claim allows the personal representative of the deceased to bring a claim for the damages the deceased would have been entitled to receive if he or she had lived. Survival damages can include:
- The deceased’s loss of earnings from the time of the injury until the end of his or her normal life expectancy; this can include retirement or social security benefits; personal maintenance expenses and amounts awarded in wrongful death for financial contributions to family members are deducted;
- The deceased’s physical and mental pain and suffering, inconvenience and loss of life’s pleasures from the time of injury until the time of death.
Wrongful Death Claim Evaluation
If you have lost your loved one as a result of the fault of another, call us. First and foremost, we will listen to you, get to know you, and learn how this loss has impacted your life. The Lenahan & Dempsey team will then passionately pursue justice on behalf of you and your family.
Contact us today for a free no-obligation consultation to learn more about your options. We are available 24/7 at 1.888.536.2426. There are no fees until you get the money you deserve.
What Can You Expect When Working With Lenahan & Dempsey
We have recovered Hundreds and Hundreds of Millions for our clients across almost all fields of Personal Injury, Insurance Bad Faith and Workers’ Compensation law. Â
We fully understand the physical, emotional, and financial toll a case can take on victims and their families. Our highly dedicated team of lawyers and paralegals can point to a history of success supporting our clients and winning the money they need to rebuild their lives.Â
*Best Lawyers in America and Best Law Firms are trademarks of Woodward White. Super Lawyers and Top 100 Lawyers in Pennsylvania are trademarks of Thompson Reuters. Both trademarks are used with permission. Details on Settlements & Verdicts are found at LenahanDempsey.com. All law firms are required to note that because the facts of each case are different, past performance is not a promise of a future outcome.Â