Filing a Lawsuit After a Fatal Accident
If your family member has died in a workplace accident in Pennsylvania, you may be entitled to benefits from workers’ compensation. Depending on the circumstances of the accident, you may also have the right to file a wrongful death lawsuit against the negligent party that caused your loved one’s death.
At Shollenberger Januzzi & Wolfe, LLP, our lawyers are here to help you deal with the legal and financial issues you are facing following the death of a family member. With offices in Harrisburg and Enola, we represent families throughout central Pennsylvania. We offer a free initial consultation to answer your questions and explain your rights.
Workers’ Compensation Death Benefits
If your family member died due to a work injury, you are entitled to workers’ compensation death benefits. Spouses, children, and other dependents may be entitled to payment of weekly workers’ compensation benefits. For a spouse, these benefits are payable for life. You are also entitled to burial expenses.
Fatal Accident Claims
If your family member’s death was caused by the negligence of a third party (meaning someone who does not work for your deceased family member’s employer), you may also have a right to seek compensation by filing a wrongful death claim against that person or entity. Our law firm has a great deal of experience with wrongful death litigation. We can also help you deal with the other practical challenges families experience following losing a loved one, such as dealing with the probate court and insurance issues.
Frequently Asked Questions on Fatal Workplace Accidents
The aftermath of a fatal workplace injury can be overwhelming, especially when seeking compensation for the loss of a loved one. Below, we provide insights into common questions surrounding fatal work injuries in Pennsylvania.
How can a fatal work injury attorney in Pennsylvania help in the compensation process?
A Pennsylvania fatal work injury attorney can provide invaluable assistance throughout the compensation process by:
- Guiding the family through legal procedures
- Assessing the case’s merits
- Gathering evidence
- Negotiating with insurance companies
- Representing the family’s interests in court if necessary.
Also, attorneys offer expertise and support during challenging times, helping ensure the family receives fair compensation for their loss.
What challenges might arise when seeking death benefits?
Filing for death benefits following a fatal workplace injury can be complex due to various factors, such as:
- Proving the connection between the injury and the work environment
- Navigating bureaucratic procedures
- Facing potential disputes with insurance companies
Additionally, emotional distress and financial strain on the family can further complicate the process. An experienced attorney can help navigate these challenges and protect the family’s rights.
How do insurance companies respond to fatal workplace injury claims?
Insurance companies often aim to minimize payouts, so they may initially offer low settlements or deny claims altogether. They may dispute liability, question the severity of the injury, or attempt to shift blame onto the victim.
What should I do if an insurance company offers me a low settlement?
If an insurance company offers a low settlement, do not accept it without consulting your attorney. Accepting a low settlement could result in inadequate compensation for the family’s needs, including medical expenses, lost income, and emotional suffering.
Let Us Help
Call our firm for a free consultation for dependable advice about your legal options after a fatal accident.