To find the right wrongful death attorney to help you win your case, look for someone who specializes in wrongful death litigation. At Pearson Koutcher Law, we specialize in workers’ compensation helping injured workers in Pennsylvania receive the benefits they deserve. However, we also work with a wide network of attorneys that share our same philosophy of providing service-oriented and results-driven representation. Call us and our founders, Eric and Jon, will provide you with a wrongful death attorney we trust.
Wrongful deaths may result from a variety of situations, including medical mistakes and negligent accidents. For instance, in 2024, the Bureau of Labor Statistics reported 5,500 workplace deaths. While not every fatality results in a lawsuit, cases involving negligence often lead to wrongful death claims.
These claims are emotionally and legally complex, and the right attorney can guide you through the processes, maximize potential compensation, and hold negligent parties accountable.
In this article, you will discover how to identify, evaluate, and hire a wrongful death attorney to give your case the best chance of success.
A wrongful death settlement provides financial compensation to the surviving family members of a deceased person. It is intended to cover certain costs, lost income, and emotional damages, such as pain and suffering.
In many cases, the compensation is paid as a structured settlement, which distributes the funds over time rather than in a single lump sum.
Finding the right attorney isn’t just about credentials; it’s about fit. Here’s what to look for:
Hire an attorney who concentrates on wrongful death claims. They are well-versed in:
If you’re not sure where to start, the workers’ compensation law firm of Pearson Koutcher Law, can help you take that first step. As mentioned above, although our practice focuses on workers’ compensation, we will ensure that you are connected with the most qualified wrongful death attorney for your specific situation.
This confidential consultation allows you to share your situation, ask questions, and get guidance without obligation. Our goal is to make sure you get all the legal support you need.
Check Track Record
Review an attorney’s history with wrongful death cases. A proven record of settlements and trial victories increases the likelihood of a favorable result.
Trial Readiness
Some attorneys settle quickly. Others prepare every case as if it’s going to trial. You want someone ready to fight if negotiations fail.
Evaluate Communication and Compatibility
You’re going through a traumatic time. Choose someone who clearly explains the processes and listens to your concerns. Effective communication ensures you are informed and confident throughout the case.
Understand Fee Structures
Most wrongful death attorneys take cases on a contingency basis. This means they earn fees only if the case is successful. Confirm the structure upfront to avoid surprises.
A wrongful death claim lets surviving family members pursue damages when a loved one dies because of another’s negligence or intentional act. To win a wrongful death case, an attorney must demonstrate these four key elements:
Duty of Care
The defendant had a legal obligation to act safely toward the deceased. This might include a doctor providing proper medical care, an employer maintaining a safe workplace, a driver obeying traffic laws, or a manufacturer producing safe products.
Breach of Duty
The defendant failed to meet this obligation due to negligence, recklessness, or, in some cases, intentional harm. Examples include medical mistakes, unsafe work conditions, or driving under the influence.
Causation
The defendant’s actions must be directly linked to the death. In other words, the death would not have happened if the defendant had acted responsibly. Evidence may include:
Damages
The claimant must show measurable losses. These can include:
Laws vary by state, but the claim must be brought by individuals directly affected by the loss. This includes:
Some states also allow domestic partners or common-law spouses to file if they meet the legal requirements under state law.
How Long Do I Have to File a Wrongful Death Lawsuit?
Most states have a statute of limitations ranging from one to three years. However, exceptions may exist. An attorney can help you determine the deadline based on your jurisdiction.
Can I Submit a Claim if the Responsible Party Was Not Charged Criminally?
Yes. A wrongful death claim is a civil action and can proceed independently of criminal charges.
Do Wrongful Death Cases Always Go to Court?
Many cases settle outside court. However, if a fair settlement isn’t reached, your attorney may take the case to trial.
Do I Need a Lawyer if the Insurance Company Offers a Settlement?
Yes, you do. Insurance companies often make quick, low settlement offers to minimize their payouts. A wrongful death attorney can review the offer, calculate the full value of your losses, and negotiate for fair compensation.
Choosing the right wrongful death attorney isn’t just a legal decision; it’s a personal one as well. You need someone who understands the law, respects your grief, and can guide you through this process with experience and care.
Don’t wait to get the guidance you deserve. At Pearson Koutcher Law, our team will connect you with a trusted lawyer who understands wrongful death claims and will advocate for your rights. Contact us today to take the first step toward a solution.