Wrongful Death And Survival Claims In Bradford County And Beyond
Although death and taxes are inevitable for us all, the loss of life of a loved one is always painful. The premature loss of life as a result of someone else’s negligence is intolerable. In Pennsylvania, two causes of action exist to recover damages for the death of a person caused by the tortuous act of another, wrongful death and survival.
At Kocsis Law Office PC, attorney J. Wesley Kocsis understands how difficult it can be to lose a loved one due to someone else’s carelessness. He is committed to doing everything he can to help you seek the compensation and justice you deserve. He has been serving northeast Pennsylvania for over 25 years, and has handled many wrongful death and survival claims over his years of practice. When you work with him, you can have confidence and peace of mind knowing your advocate knows how to navigate the local court system and understands Pennsylvania’s complex and ever-changing laws surrounding these matters.
How Does Pennsylvania Define Wrongful Death?
A wrongful death action pursuant to 42 Pa. C.S.A. § 8301 can commence by the survivors for the injury they suffer as a result of the death. Included as elements of damages in a wrongful death action are the expected value of the financial contributions of the decedent and the lost value of the companionship, comfort, society, guidance, solace and protection which the decedent would have contributed to the survivors. Also included are reasonable hospital, medical and funeral expenses and the expense of administration of the estate.
What Is A Survival Action?
A survival action under 42 Pa. C.S.A. § 8302 is a claim made by the estate of the decedent for losses the estate suffers. The damages recoverable include compensation for the pain and suffering experienced by the deceased from the time of the accident to the time of death, if any, and the value of the decedent’s earnings over their lifetime, less the cost of maintenance, which would have been incurred by the deceased.
What Incidents Can Result In A Wrongful Death?
Examples of death actions that Kocsis Law Office PC handles include deaths caused by:
- Car, truck, and motorcycle accidents
- Medical malpractice
- Premises liability (falls, animal attacks, etc.)
- Negligent acts
- Reckless acts
- Intentional acts
- Work accidents
If your loved one’s death was caused by any of these types of incidents, Kocsis Law Office PC can help you through each step of the process in pursuing a wrongful death claim.
Kocsis Law Office PC‘s Contingency Fee Policy
On top of grieving the loss of your loved one, you may also be worried about your ability to pay your bills if your loved one was a significant financial contributor. You may worry about the cost of hiring an attorney to pursue a wrongful death claim because the future feels so uncertain. Wes understands this concern, which is why he only charges a fee if he wins your case. That way, you don’t have to worry about taking on additional risk.
Compassionate, Knowledgeable Legal Representation.
Death actions not only require a knowledge of injury law but also estate law, including probate and the filing of a Pennsylvania and, at times, a federal inheritance tax return. At Kocsis Law Office PC, attorney J. Wesley Kocsis handles every aspect of your death case from probate to conclusion, whereas many ‘injury only’ law firms will require you to retain a separate estate attorney at an additional expense to you, in addition to the inconvenience of having 2 different law offices handling the same thing. Call his office in Athens at 570-882-4160 or send an email or text for a free consultation to learn more about how to proceed with wrongful death and survival claims.