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Elements for a wrongful death suit

A fatal accident can occur for so many different reasons. Whether it's a car accident, medical malpractice or a workplace accident, a fatal accident is devastating. When the accident was unexpected, family members can be left questioning why their loved one was involved. Many may look for answers about why the accident occurred and how it could've been prevented. These answers may be able to help them move forward from the fatal accident. However, they will do little to help the family with the financial repercussions of a fatal accident.

The financial consequences of a fatal accident can be severe. Families can be left without a breadwinner, without the emotional support of a loved one and with medical expenses related to that person's treatment. There may also be funeral costs and other unexpected commitments that burden the family financially.

A wrongful death lawsuit may be able to help families in these situations. However, in order to receive compensation under a wrongful death lawsuit three elements must be met. First, the death of another human being must have been caused by another's negligence or with intent to cause harm. In other words, the death could not simply have been an accident that was unavoidable.

Second, the family of the decedent must have suffered some monetary injury as a result of the person's death. This means that the family must have actual monetary damages as a result of the person's death. Finally, a personal representative must have been appointed for the decedent state that can actually bring the lawsuit.

If these elements can be fulfilled, people in Pennsylvania can bring a wrongful death lawsuit against the negligent party. The families of fatal accident victims should understand their legal rights when it comes to filing a wrongful death suit. An attorney can help to explain these rights to these grieving family members.

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The Law Firm of Leisawitz Heller
2755 Century Boulevard
Wyomissing, PA 19610

Toll Free: 866-360-5064
Phone: 610.816.0342
Fax: 610.372.8671
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The Law Firm of Leisawitz Heller
400 South 4th Street
Hamburg, PA 19526

Phone: 610.816.0342
Fax: 610.372.8671
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