Seeking Justice After A Wrongful Death Due To A Violent Crime In West Chester

In Pennsylvania, pursuing a civil lawsuit allows a family to sue for wrongful death. This helps families to secure victim compensation. Given the complex interplay, as well as strict legal deadlines, working with a skilled attorney is essential.

Bellwoar Kelly, LLP, understands the profound challenges families face after a violent crime. Our firm is built on a foundation of courtroom strength and a deep commitment to crime victims in Pennsylvania. With over 15 years of collective firm experience, we provide dedicated representation across the state.

Understanding Your Right To Sue For A Wrongful Death In Pennsylvania

In Pennsylvania, a criminal prosecution is brought by the state to punish an offender, while a civil wrongful death action is brought by a family to recover compensation for their losses.

It is crucial to understand that you do not need a criminal conviction or even an arrest to pursue a civil claim.

Who Can Sue And Who Recovers?

Under Pennsylvania law, a wrongful death action must be filed by the personal representative of the victim’s estate. The compensation recovered is distributed to specific beneficiaries, including the spouse, children or parents of the deceased.

On the other hand, survival action can be filed alongside a wrongful death claim. A survival action is brought by the estate itself and seeks compensation for the losses the victim endured from the time of injury until death.

Identifying Liable Parties In A Violent Crime Case

Third parties can bear responsibility for creating the conditions that allowed the tragedy to occur, including:

• Negligent property owners who failed to provide adequate security
• Employers, if an employee with a known history of violence commits the crime
• Under Pennsylvania’s Dram Shop law, an establishment that serves alcohol to a visibly intoxicated person who later causes a fatal crime can be held accountable.
• Educational institutions have a duty to protect students and staff from foreseeable harm on their premises.
• Government entities, if their negligence contributed to the death.

Proving fault in these cases involves demonstrating that the responsible party had notice of prior incidents, through police reports, 911 call data, or security logs and failed to address known security lapses.

Critical Deadlines And The Importance Of Prompt Action

The statute of limitations is two years from the date of death. However, if a government entity is a potential defendant, families may have as little as six months to file a formal notice of claim.

Failing to meet these deadlines can permanently bar your family from seeking compensation. This is why it is vital to consult with a lawyer immediately to help ensure all legal requirements are met and your rights are preserved.

What To Do Now To Protect Your Case

Following a violent crime:

• Preserving police reports, video, 911 audio and autopsy results
• Identifying witnesses before memories fade
• Avoiding public posts that could harm the case
• Opening the estate to appoint a personal representative
• Sending preservation letters to potential defendants

Consulting a lawyer immediately is vital to ensure your rights are preserved.

Damages And Victim Compensation In Wrongful Death Claims

The primary goal of a civil lawsuit is to secure full victim compensation. This can include recovery for:

• Funeral and burial expenses
• Medical bills
• Lost financial support
• Lost companionship and guidance
• Conscious pain and suffering under the survival action
• Punitive damages, where appropriate

We also coordinate with the Pennsylvania Victims’ Compensation Assistance Program (VCAP) and other benefits to maximize the compensation available to your family.

Frequently Asked Questions About Wrongful Death Lawsuits In Pennsylvania

Here are common questions we encounter from clients:

Who can sue for a wrongful death in Pennsylvania?

A wrongful death action must be filed by the immediate family members of the deceased victim’s estate.

What are the deadlines to file a claim in Pennsylvania?

You have two years from the date of death to file a wrongful death lawsuit. However, claims against government entities often require a formal notice within six months of the incident.

Can we sue a bar or tavern for a violent crime?

Yes. Under Pennsylvania’s Dram Shop law, an establishment can be held liable if it served alcohol to a visibly intoxicated person who then caused a fatal crime.

How are settlements distributed in a wrongful death case?

Compensation from a wrongful death settlement is distributed according to Pennsylvania law to the victim’s statutory beneficiaries. Compensation from a survival action is distributed according to the victim’s will or estate laws.

Will we have to go to court?

Many civil lawsuits are resolved through settlement negotiations before trial. However, our experienced team will take your case to court if it is necessary.

Choose Us For Effective Representation

Bellwoar Kelly, LLP, is ready to listen, and we handle cases on a contingency fee basis, meaning there is no cost to you unless we secure compensation.

We offer confidential consultations and represent families throughout Pennsylvania from our office in West Chester, Pennsylvania. If you have lost a loved one to a violent crime, call 610-422-7041 or submit a request through our online contact form.