Many people have lived most of their lives without ever needing a lawyer. (See: http://library.findlaw.com /2000/Apr/1/126707.html) Some people fear lawyers and the cost of a wrongful death lawsuit. Here at the Pennsylvania wrongful death law firm Anapol Schwartz, we want you to know that if you decide to retain us and we decide to be retained - you will not have any out of pocket expenses. Anapol Schwartz would take your case on a contingency fee basis which means if you don't win your case, we do not get paid. You can bet that we are motivated to win. Now that you can relax about the finances, let's continue.
Just because your loved one died, does not mean that there is a need for a wrongful death lawsuit. There must be evidence of wrong doing, negligence or defect to be considered wrongful death. Anapol Schwartz will start with an interview. You can hasten the process but answering some questions.
Initially we ask you to put down the facts such as your relationship to the deceased plus the deceased's information such as date of birth, age, health background, employment history; whether or not they had a will and the list of survivors.
Under the Pennsylvania Wrongful Death statute, only those who were dependent on the deceased for care and support are entitled to recover damages. Gathering information concerning the survivors or beneficiaries is extremely important. The status of the beneficiary has legal consequences. Information about the survivors is prime importance because it determines who needs to be represented and who does not.
Under Pennsylvania law, if the estate does not bring a timely action within six months of death against the wrong doer under the Pennsylvania Wrongful Death and Survival statutes, the beneficiaries have a right to file a lawsuit on behalf of the estate.
At the initial interview, the wrongful death victim's earning history and support s/he provided to the family should be made known to your law firm. As a beneficiary you will need to obtain copies of tax returns plus information regarding pension plans and other fringe benefits provided to the deceased during his or her lifetime in order to prepare an economic loss report.
Aside from the background and estate information, your wrongful death lawyer must know all the facts about your loved one's death such as which agencies you contacted - police, paramedics, hospital. This creates the foundation for any investigation proving both liability and damages.
Without evidence of wrong doing, negligence, or defect, there is no case. To determine if your loved one died from a wrongful death, please contact Anapol Schwartz, Pennsylvania personal injury/wrongful death law firm with offices in Philadelphia, Reading, Harrisburg, and Media, PA, and Cherry Hill, NJ.
