Wrongful Death

The unexpected death of a loved is an event no one wants to experience. The unexpected death of a loved is a lifelong loss, takes much time to recover from and causes a broad spectrum of emotions. While you or your family gets thru this loss, you need a lawyer who is compassionate but determined to make the liable parties take responsibility while you or your family mourns.

The wrongful death claim regarding the loss of a loved one can be a complicated claim. It can involve the death of a loved one from a medical error, a car crash, commercial accident or some other set of facts. A wrongful death claim often involves a claim for survival damages. Once the claim is resolved either by settlement, mediation or trial, the proceeds must be accounted for in the Estate and payment of inheritance tax must be calculated.

Also, when someone dies unexpectedly, it is critical to complete an autopsy to document exactly what happened that caused the death. Coroners offices try to put off autopsies, trying to intimidate families with cost, at a time when the family is overcome with grief. Coroners office do not always list the primary cause of death, instead listing a secondary cause to gloss over any mistake may have occurred. The Centers for Disease Control and the Pennsylvania Department of Health set out specific and detailed guidelines regarding the completion of a death certificate. Consequently, the cause of death is supposed to be listed as the chain of events – diseases, injuries or complications – that directly caused the death. Our office has reviewed numerous claims involving a death and declined to pursue the claim because an autopsy was not performed. Often in claims we do pursue, the primary cause of death is not accurately listed on the death certificate.

A wrongful death claim usually involves large damages that an insurance company does not want to face, let along pay. As such, these types of matters should be handled by a lawyer who is experienced, ethical and determined. Please call our office to discuss your family’s wrongful death claim with Attorney TeWinkle.