Category: Wrongful Death

Choosing the right personal injury attorney for your wrongful death case is an important decision that can significantly impact the outcome of the case. These are cases that are emotionally charged and legally complex which makes it essential to have a skilled, experienced attorney by your side. To help you make the best decision, we have compiled a list of things you should look for when choosing an attorney for your wrongful death case.

How to Choose the Right Personal Injury Attorney for Your Wrongful Death Case

There are a number of factors to consider in choosing a personal injury attorney for your wrongful death case. These factors include:

• Track record: Take a look at a prospective attorney’s track record. What kind of cases have they handled and how did they end? How many cases have they won? How many cases have they settled out of court? Success can, after all, occur by winning in court or settling out of court, but a solid attorney should have a significant number of successful case outcomes under their belt.
• Case experience: Wrongful death cases are incredibly complex, but can also greatly vary in their specifics. Look for an attorney that has handled wrongful death cases before and pay particular attention to whether they have handled cases similar to your own. An experienced attorney handling wrongful death cases will be up to date on the latest procedures and laws pertaining to these unique cases and help ensure that they can navigate your case effectively.
• Bar standing: Make sure that your attorney is properly licensed and barred to practice law in your jurisdiction. You should make sure that they are in good standing with the bar association to make sure they take professionalism seriously and adhere to the ethical standards of their profession.
• Established network of experts: Experts will often play critical roles in wrongful death cases. In these cases, it is likely that your attorney will need to collaborate with experts including medical professionals, accident reconstruction specialists, and forensic experts. Be sure to inquire about your attorney’s network of experts that they tend to use in wrongful death cases. After all, having an established network of experts can be very beneficial to a wrongful death case, not only during trial, but also in negotiations.
• Courtroom experience: Ask about an attorney’s experience litigating cases. Many cases do end up settling out of case, but it is important that your attorney knows how to bring a case to court if necessary and is comfortable and proficient at seeing it through trial. If negotiations fail and an appropriate settlement cannot be reached, your wrongful death case is likely to move right to litigation.

Philadelphia Personal Injury Attorneys

Selecting the right personal injury attorney for your wrongful death case is an important one. At Cooper, Schall & Levy, our experienced team of attorneys has stood by the sides of many a client going through some of the most difficult times of their lives. We fight for those who have lost someone all too soon because of someone else’s negligence or wrongdoing. We are here to fight for you. Contact us today.

In Pennsylvania, if someone dies due to the negligence of another, there are two potential claims that can be brought under state law. One is a wrongful death claim and another is a survival action. Both are governed by the Pennsylvania Wrongful Death Act and are often brought together at the same time. There are, however, distinctive qualities and requirements for a wrongful death claim and a survival action. Here, we will focus on the ins and outs of a survival action.

What is a Survival Action?

It can be helpful to think of a survival action as the action the decedent could have brought had they survived the incident caused by someone else’s negligence. Essentially, the personal representative of the decedent’s estate steps into their shoes to bring the claim the decedent cannot bring themselves. So, a survival action is Pennsylvania law allowing the decedent’s estate to pursue the right to compensation the decedent would have been able to seek for what they suffered while they were still alive, prior to death. This is different than a wrongful death action which seeks to compensate certain survivors of the decedent that have suffered losses as a result of the decedent’s untimely death.

As the personal representative for the decedent’s estate steps into the shoes of the decedent in the survival action, they can pursue those damages the decedent suffered after the accident, but prior to death. This means that recoverable damages in a survival action may include:

• Medical bills
• Past wage loss
• Future wage loss 
• Pain and suffering

While the personal representative of the estate steps into the decedent’s shoes for the survival action, the question then becomes, where does the money recovered in a survival action go? It clearly cannot go to the decedent. Instead, the money goes to the probate estate of the decedent. In the absence of a will, the money would be distributed according to the state’s intestacy laws. Intestacy laws come into play when a person dies without a valid will in place. If there is a valid will in place at the time of the decedent’s death, the proceeds recovered from the survival action would be distributed to beneficiaries according to the terms of the will. It should be noted, however, that proceeds from the survival action go into the probate estate and can be used to satisfy outstanding creditor claims made against the estate. So, in certain cases, beneficiaries may not actually see any of this money. They may, however, still receive compensation through a wrongful death action.

Philadelphia Personal Injury Attorneys

Losing a loved one unexpectedly can be devastating. During this difficult time, you can lean on the dedicated team at Cooper, Schall & Levy. We will tirelessly pursue your legal rights to receive monetary compensation for this monumental loss. Do not hesitate to reach out to our office.  Contact us today.

Losing a loved one is never easy. Sometimes, the circumstances of the loss can make it even more difficult to cope. When someone is unexpectedly taken for us due to the wrongdoing or carelessness of another, a family can be left in emotional disarray as well as financial straits if that person was a provider for the family. While no amount of money can reverse the impacts of such a tragedy, Pennsylvania does provide a legal mechanism for family members to pursue compensation for their loss. This is done through pursuing a wrongful death claim.

Wrongful Death Claims in Pennsylvania

Pennsylvania law considers a wrongful death to be one that is caused by another’s negligent, wrongful, or illegal acts of violence. Through a wrongful death action, loved ones of the decedent can pursue compensation for the immense loss they have suffered. While Pennsylvania provides another means of seeking such compensation through a survival action, we will focus on wrongful death claims here. It should be noted, however, that people often file both a survival action and a wrongful death claim in such circumstances.

Wrongful death actions may only be filed by parents, children, or a spouse of the deceased. This must generally be done within two years of the death. Failure to file within the two-year time frame means a court may very well bar your claim from being heard altogether. In addition to complying with the statute of limitations, the party bringing the wrongful death claim must be able to prove that:

• The at fault party owed the decedent a legal duty
• The at fault party violated said legal duty
• The violation of the legal duty caused the decedent’s death
• They suffered losses because of the decedent’s death

When such a claim is successfully brought, the claimant will be entitled to compensation for their losses. Compensation in a wrongful death claim are, like the compensation available in other personal injury actions, referred to as “damages.” Damages in these cases are intended to compensate the parties for the losses they have incurred as the result of the negligence or wrongdoing of another. Thus, damages can include compensation for:

• Funeral expenses
• Medical expenses
• Loss of the decedent’s income
• Loss of child care and household support

Immediate family members, including a spouse, the parents, or the children, of the decedent may also pursue damages for intangible losses such as those emotional losses and loss of moral guidance as well as loss of affection. It is important to be aware of the fact that losses included in a damages award are calculated from the decedent’s time of death through the expected life span they would have lived but for their untimely death.

Philadelphia Personal Injury Attorneys

When tragedy strikes, you can count on the dedicated team at Cooper, Schall & Levy to stand by your side and be stalwart advocates on your behalf.  Contact us today.

Under Pennsylvania law, a wrongful death is said to occur when a death is caused by the “wrongful act or neglect or unlawful violence or negligence of another.” Essentially, a wrongful death claim can arise in any event where a personal injury claim may have been brought had the deceased survived the incident. In fact, a wrongful death claim operates a lot like a personal injury claim where the victim is not able to bring his or her own claim. In a wrongful death claim, the personal representative of the deceased files the claim on behalf of the beneficiaries of the deceased’s estate.

While the prospect of facing a legal battle after losing a loved one can seem like too much to handle, successful wrongful death claims can provide surviving loved ones with critical compensation for the financial and emotional losses associated with the death of a loved one. In the face of a lifetime without a loved one, compensation received from a wrongful death claim can provide financial stability that can all too easily be lost when we lose a loved one upon whom we depend for support.

Damages Available in a Wrongful Death Claim

As a wrongful death claim is a civil case, the liability of the defendant in the claim is only expressed in terms of monetary damages. In criminal cases, a defendant who has been convicted faces things like imprisonment and other penalties. In civil cases, the defendant’s liability is only encapsulated in terms of monetary damage awards.

There is a range of things that can be compensated for in a wrongful death suit. There are damages that can specifically pertain to the personal representative of the estate. For instance, damages for estate administration expenses may be sought in a wrongful death claim by the personal representative of the deceased’s estate. This is true regardless of whether or not there is a surviving spouse, children, or parents of the deceased. The personal representative may also seek damages to cover the costs of outstanding hospital and medical bills of the deceased, as well as funeral and burial expenses because the estate would otherwise be responsible for covering these expenses.

In the event that the deceased has a surviving spouse, or children, or parents, there are other damages available to pursue a wrongful death claim. You see, the fact that a wrongful death has occurred means that someone else’s negligence or intentional act has led to the untimely death of a loved one who may have been a source of significant emotional and financial support for his or her loved ones. Because of this, where there is a surviving spouse, children, or parents, a wrongful death claim may seek compensation for things like:

• Loss of household services
• Loss of comfort provided by the deceased
• Loss of physical comforts
• Loss of support
• Loss of moral guidance

In addition to these emotional support losses, the wrongful death claim can also seek damages stemming from the loss of financial support that came with the loss of the deceased. A damage award may include compensation for lost wages and benefits, not only for those already incurred due to the loss of the deceased but also for those wages and benefits it could have been reasonably expected for the deceased to continue to earn for the family had he or she lived

Philadelphia Personal Injury Attorneys

If you have lost a loved one due to the negligence, recklessness, or intentional act of another, let the trusted team at Cooper Schall & Levy help you and your loved ones through this difficult time. We are committed to taking on the legal burden associated with a wrongful death claim so you can focus on continuing to support each other during this trying time. Contact us today.

A wrongful death claim can be brought in cases when someone would have been able to bring a personal injury claim but died before being able to do so because they were fatally injured due to negligence or an intentional, harmful act perpetrated by the defendant in the action. For instance, a wrongful death action may be brought when the victim died as a result of car crash injuries or complications caused by medical malpractice. Not just anyone can bring a wrongful death action, however. Pennsylvania has specific laws in place that govern who has the right and ability to bring a wrongful death action on behalf of a deceased victim.

Suing for Wrongful Death in Pennsylvania

Pennsylvania requires that the personal representative of the victim’s estate bring a wrongful death claim. The personal representative is often assigned according to the terms laid out in the will of the deceased individual. If there is no personal representative provided for in the will, or if there is no will, the court is likely to appoint a personal representative. It is important to understand that while the personal representative brings the wrongful death action, he or she is actually filing the claim on behalf of the beneficiaries of the victim’s estate. Also, if the personal representative does not file the wrongful death claim within six months of the date of the victim’s death, then the beneficiaries have the right to file.

The beneficiaries are referred to as the “real parties in interest.” Pennsylvania considers real parties in interest to be limited to children and parents of the deceased. It does not matter whether the real parties in interest live in Pennsylvania or somewhere else. Pennsylvania limits who can benefit from a wrongful death action to the real parties in interest. This means that siblings, nieces, and nephews, along with more distant familial relations do not have a cause of action under the state’s Wrongful Death Act.

There are several things that may be included in the damages award when a wrongful death action is successful. For instance, all of the following may be awarded:

• Household contributions
• Funeral and burial expenses
• Lost wages and benefits
• Loss of care and comfort
• Loss of guidance and tutelage 
• Medical expenses
• Expenses related to estate administration
• Pain and suffering

Some of these things are recoverable to compensate for a surviving spouse or children. Others listed are intended to compensate the estate of the deceased. This means that, even if there are no surviving children and no surviving spouse, an estate may still file a wrongful death action in order to recover things such as funeral and burial expenses, medical expenses, and expenses related to the administration of the estate.

Wrongful Death Attorneys

The loss of a loved one is devastating. When it is the result of something like medical malpractice or a tragic accident, it can be sudden and shocking. That is why the dedicated wrongful death attorneys at Cooper, Schall & Levy take care of the legal action. We know that families are left to carry heavy emotional and financial burdens after the loss of a loved one. We held by leading the charge to enforce your legal right to compensation for your losses. Contact us today.

If a person dies as the result of someone else’s negligent or intentional action, then that person’s estate or family members may file a wrongful death claim. This is exactly what was done by the parents of Tim Piazza after their son died at a Pennsylvania State University fraternity party back in February of 2017. A settlement was reached with the fraternity, Beta Theta Pi, as well as the university. Now, Piazza’s parents are going after 28 former members of the fraternity.

Details of the Wrongful Death Suit

Tim Piazza was a sophomore engineering student from New Jersey when he died on February 2017. Piazza was at a fraternity pledge party where he consumed large amounts of alcohol as part of a hazing ritual. Later, Piazza fell down a flight of stairs. Surveillance video from the night of Piazza’s death that was revealed in court showed Piazza moving through a drinking gauntlet as they chugged alcohol. The video also showed him in the early hours of the morning falling in the fraternity house and dropping to his knees while clutching an injured head. No one was seen trying to help him, and no one made a call for help for almost 12 hours. Piazza later died.

Piazza’s death resulted in dozens of Beta Theta Pi fraternity members facing criminal charges. Most of the serious charges, such as involuntary manslaughter, were thrown out by the Centre County Court. However, 23 of the fraternity’s former members entered pleas to charges that included hazing and furnishing alcohol to minors.

Piazza’s parents previously reached a settlement with both the University and Beta Theta Pi without filing a lawsuit. The settlement agreements both include several non-monetary terms imposed to help make Penn State safer for other students. Pursuant to the terms of the agreement, the university is to encourage fraternities to have a non-member adult living in their houses and also have the fraternities consider the installation of security cameras on their premises. Additionally, the university is to have educational and training opportunities regarding alcohol consumption and hazing.

Earlier this year, Piazza’s parents filed suit against 28 individual members of the fraternity, including the then fraternity president and pledge master, in what their legal counsel explains is an opportunity to hold those individuals accountable for planning and participating in the reckless hazing activities that resulted in Piazza’s death. Additionally, the security company, St. Moritz Security Systems, Inc., previously responsible for monitoring parties for the university’s interfraternity council, was named in the suit. The lawsuit accuses the fraternity members of acting negligently and recklessly when they coerced or encouraged Piazza to consume dangerous amounts of alcohol that directly caused his intoxication resulting in him falling and sustaining injuries leading to his death.

Piazza’s parents are seeking monetary damages from this suit. If successful, the judgments against the defendants would be paid from assets they have now or will have in the future. Their parents’ assets would not be on the hook. However, the homeowner insurance policies for the parents could be made available for some defendants if the policy covers negligence of individuals living in the home.

Wrongful Death Attorneys

If you or a loved one has died due to the negligence or reckless actions or inaction of someone else, you may be entitled to monetary compensation. Such a loss is truly devastating. Cooper Schall & Levy are dedicated wrongful death attorneys committed to holding negligent parties responsible for the damage they have caused. Contact us today.

Losing a family member is never easy. It does not matter whether the family was “expecting” the death soon because of an injury or illness or whether the death was sudden. The loss of a loved one is typically a difficult and challenging period for a family. The grieving process and financial hardship can be worse when the death was unnecessary. If your family member’s death was because of the negligence or wrongdoing of another party, a Pennsylvania wrongful death attorney can help you explore your legal rights under Pennsylvania’s Wrongful Death Act.

What is a Wrongful Death?

According to Pennsylvania’s wrongful death laws, an action may be brought to recover damages for a death that is caused by the “wrongful act or neglect or unlawful violence or negligence” of another person. Many situations can give rise to a wrongful death action including:

• Motor vehicle accidents, including accidents involving pedestrians, cars, bicycles, trucks, commercial vehicles, motorcycles, and government vehicles
• Train and airplane accidents
• Medical malpractice
• Defective product claims
• Intentional acts of violence
• Sports and recreational activities
• Fires and explosions
• Premises liability claims
• Workplace accidents
• Nursing home abuse or neglect
• Animal and dog attacks
  

If family members suspect that another party or person was involved in the death of their loved one, it is usually a wise decision to discuss the circumstances of the death with an attorney to determine if the facts in the case give rise to a wrongful death claim. An attorney familiar with the state’s wrongful death laws can evaluate the case and also determine who has a right to file a wrongful death lawsuit under state law.

Who Can File a Wrongful Death Lawsuit in Pennsylvania?

The wrongful death laws for Pennsylvania restrict the individuals who have standing to file a wrongful death lawsuit. Standing refers to the legal right to bring a lawsuit in court. A person’s spouse, children, or parents may file a wrongful death lawsuit to recover compensation for damages caused by their family member’s death. The compensation received for a wrongful death claim is divided between the family members according to the percentage they would receive under the state’s intestate laws if the decedent did not have a will.

If a spouse, child, or parent is not eligible to recover damages or there is no surviving eligible family member, the personal representative for the estate may bring a wrongful death action to recover certain financial damages caused by the person’s death. Damages the estate may receive include medical expenses, funeral expenses, nursing care, hospital care, and expenses related to the administration of the estate.

In most cases, the personal representative for the estate files the wrongful death lawsuit on behalf of the family members and the estate.

Survival Claims in Pennsylvania

A survival claim may also be filed in some cases of wrongful death. In a survival claim, the personal representative for the deceased stands in place of the deceased to bring any cause of action that survives the person’s death. For example, if the person died because of the negligence of another party, the estate may file a lawsuit based on negligence laws seeking compensation for pain and suffering, loss of lifetime income, and other damages that the person may have been entitled to receive under negligence laws.

Cooper Schall and Levy has a Proven Track Record of Success Handling Wrongful Death Cases

Cooper, Schall & Levy has been handling Pennsylvania wrongful death cases for decades and has a proven track record of success in these cases. In 2018, Cooper Schall and Levy took a wrongful death case to trial, where the case was ultimately settled on Day 5 of trial for $1,665,000. In that case, the victim was getting her nails done at a Philadelphia area nail salon, when a car crashed through the storefront unimpeded, struck and killed the victim. Cooper Schall and Levy worked tirelessly to bring justice and closure to the victim’s family and held multiple parties responsible, including the driver, the nail salon and the shopping center owners, who failed to install appropriate safety devices, such as bollards, to prevent this type of accident from occurring. This is one of many examples of Cooper Schall and Levy’s success litigating wrongful death and survival cases in Pennsylvania. 

Contact a Pennsylvania Personal Injury Attorney for More Information

Wrongful death laws are complex. The correct parties must file the lawsuit under the correct statutes. A Pennsylvania personal injury attorney can be extremely helpful. The wrongful death attorneys at Cooper Schall & Levy can investigate the circumstances surrounding the death and provide legal advice regarding all options for recovering compensation and seeking justice for wrongful death. Contact us today.