Have you lost a family member in a fatal accident in Wyomissing, PA? You may have the right to file a wrongful death lawsuit and seek financial justice for your devastating loss. The experienced Wyomissing wrongful death lawyers at Marzzacco Niven & Associates can help you fight to get all of the money you deserve.
At Marzzacco Niven & Associates, we have more than 120 years of combined experience helping injury victims and their families across the Commonwealth of Pennsylvania. Our lawyers have successfully recovered tens of millions of dollars on their behalf. If you’ve experienced an unimaginable loss, our law firm is here to help you, too.
Table of Contents
How Marzzacco Niven & Associates Can Help You After a Fatal Accident in Wyomissing
We know that money won’t bring your family member back. It won’t take away your grief and suffering. But it can help to offset the financial consequences of their death. And it can even serve as a bit of closure and provide a sense of justice.
Our Wyomissing wrongful death attorneys are ready to help you fight to get the compensation your family deserves.
When you trust us with your wrongful death case, we will:
- Investigate the circumstances surrounding your family member’s tragic accident
- Determine why it happened and identify who’s at fault
- Gather evidence to support your case for damages
- Bring in experts as we build and value your case
- Defend your loved one if insurance companies attempt to blame them for their own fatal accident
- Negotiate to get the best possible settlement deal for you
- Have an accomplished and respected trial lawyer bring your case to a jury in Berks County if you aren’t offered a fair settlement
Take the time you need to grieve. Remember your loved one and take steps toward moving forward in their absence. Let our experienced personal injury attorneys take care of your personal injury case from start to finish.
Your first case evaluation is free, so call now.
What is Wrongful Death?
Wrongful death refers to death resulting from another person’s negligent, wrongful, or illegal actions.
Any avoidable accident, injury, or death could open up the possibility of a wrongful death action.
At Marzzacco Niven & Associates, we handle all wrongful death matters in central Pennsylvania, including those arising from:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Uber and Lyft accidents
- Slip and fall accidents
- Negligent security
- Dog bites
- Defective products
- Medical malpractice
- Nursing home abuse and neglect
- Construction accidents
- Workplace accidents
No matter what kind of accident caused your family member’s death, our lawyers will be here to help. Give us a call to learn more about your options and rights today.
Who Has the Right to File a Wrongful Death Lawsuit in Pennsylvania?
The person responsible for causing a fatal accident isn’t off the hook just because the victim doesn’t survive. Instead, the right to seek compensation shifts to their surviving family members.
However, this right is reserved for:
- Children, and
Other beneficiaries may also be able to recover compensation, but not through a wrongful death lawsuit.
What’s the Difference Between a Wrongful Death Lawsuit and a Survival Action?
A wrongful death lawsuit compensates immediate family members for their damages after a fatal accident.
A survival action is essentially the personal injury lawsuit that the victim would have been able to file had they survived. Here’s the catch: a survival action is only applicable when the victim survives their injuries for some period of time after they get hurt.
The damages awarded in a survival action are those that the victim would have been entitled to themselves: medical bills, lost wages, and even pain and suffering.
The personal representative of the victim’s estate has the right to file a survival action. If compensation is awarded, it can be allocated to any of the victim’s beneficiaries or individuals named in their will – not just their immediate family.
How Much is My Wrongful Death Lawsuit Worth?
The value of every case will be different. However, certain factors will be important in determining what a case is worth.
- How old was the victim when they were killed unexpectedly?
- What was their life expectancy?
- How much money did they earn?
- What kind of benefits did they have?
- How much did they support their family financially?
- What kind of relationship did they have with their surviving family members?
- How will their death impact their spouse, children, and/or parents?
Don’t let other parties control the conversation around value. Call Marzzacco Niven & Associates and trust that our wrongful death lawyers in Wyomissing will take charge and fight to get your family the full value of your case.
What Damages Are Available in Pennsylvania Wrongful Death Cases?
When you file a wrongful death action, you can be compensated for:
- Loss of financial support
- Loss of guidance, comfort, and companionship
- Loss of consortium
- Loss of the value of household services and contributions
- The cost of a funeral and related expenses
Calculating the value of damages in wrongful death cases can be challenging. Financial specialists typically have to get involved to ensure that the projected future financial losses are calculated properly. Insurance companies will have experts working to drive down the value of these damages. Hire Marzzacco Niven & Associates and you’ll have respected experts in your corner, too.
What Happens If the Victim Shares Some of the Responsibility For Their Fatal Accident?
When someone is killed in an accident in Wyomissing, they’re not around to defend themselves. They’re not around to tell their story or set the record straight. Those responsible for a fatal accident (and their insurance companies) may try to take advantage of this and try to blame the victim for their own death.
Pennsylvania has a modified comparative negligence system with a 51 percent bar to recovery. This means that victim-blaming tactics could hurt a wrongful death case or survival action.
Your loved one can share the blame for their fatal accident. If they’re assigned more than half of the blame, the right to compensation in a lawsuit disappears. If they’re assigned some, but not most, of the blame, then damages can be recovered. However, they’ll be reduced to reflect the victim’s contributions.
Imagine that your family member is assigned 20 percent of the fault for a fatal car accident. The financial award in your related wrongful death lawsuit would be reduced by 20 percent. If they were assigned 60 percent of the blame, you’d be barred from recovering any money.
Don’t let other parties blame the victim in an effort to limit their liability. Make them prove that your family member was negligent or played a part in their fatal accident. Better yet, let our Wyomissing accident attorneys fight to prove that their claims aren’t backed up by the facts.
The less fault your family member is assigned, the more money you can ultimately recover in related personal injury cases.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in Pennsylvania?
The statute of limitations for wrongful death lawsuits in Pennsylvania is two years. Time starts when the victim dies. This may or may not be the same date as the fatal accident or event that led to their death.
Two years can fly by before you know it – especially when your world is affected by the tragic loss of someone you love. Don’t let that happen. If you miss the deadline that applies to your case, you’ll forfeit the right to recover full compensation for your loss.
Protect your legal rights and increase the odds of a win. Call Marzzacco Niven & Associates as soon as you can after your family member is killed in a fatal accident in Wyomissing, PA. We are standing by to provide assistance around the clock.
Schedule a Free Consultation With a Wyomissing Wrongful Death Lawyer
Has a family member recently been killed due to another’s negligence in Wyomissing, PA? Contact Marzzacco Niven & Associates to learn how we can help your family move forward and fight for compensation.
We know that money can never turn the clock back or bring your family member back. However, we also know that a financial recovery can make a huge difference in your life for years to come.
Let us help you fight to maximize your settlement or verdict. Contact our law office in Wyomissing to get started and arrange a time for your free consultation. Our team will listen to your story, assess the facts of your case, and explain what legal options for recovery you may have.
You have a limited time to act, so call now. Or visit our law office in Wyomissing, PA