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As your family may have just learned in an incomparably devastating way, even healthy young people can suffer life-threatening harm from something as seemingly innocuous as a slip or trip or fall. Even with protection from the skull, direct impacts to the head stemming from a sudden loss of footing can and all too often do result in fatal damage to the brain, resulting in a host of financial and personal losses for everyone who loved the injured person.
If you recently lost a close family member to a fatal slip and fall accident in Philadelphia, you may have legal standing to file a civil suit in their name against anyone whose negligence contributed to causing that accident. That said, pursuing a claim like this can be uniquely challenging even compared to other types of personal injury litigation, so you should strongly consider seeking help first from a compassionate and experienced slip and fall attorney.
Who Can Sue Over a Fatal Slip and Fall Accident?
Under Pennsylvania state law, it is possible to file a wrongful death action in any situation where the deceased person would have been able to file a personal injury lawsuit had they survived the injury they sustained. So, in order to sue over a fatal slip and fall injury in Philadelphia, there would need to be substantial evidence showing that the accident likely would not have happened without a specific landowner’s failure to fulfill the duty of care owed to the accident victim, and that the accident was the direct and main cause of that victim passing away prematurely.
Notably, for the first six months after someone passes away due to someone else’s negligence, the only person who has authority to file a wrongful death claim over the deceased person’s death is their personal representative, meaning whoever is nominated in their will—or by a court, if no such instructions exist—to manage their affairs after their death. However, if the personal representative does not file suit within that six months, any of the deceased person’s surviving spouse, child(ren), or parent(s) can take over and file suit either solely on their own behalf or on behalf of all beneficiaries.
Getting Paid Fairly Within Filing Deadlines
Whoever actually files a wrongful death claim over a fatal slip and fall accident in Philadelphia can demand compensation for both economic and non-economic losses sustained by the deceased person’s estate or their beneficiaries, including:
- Costs of funeral and burial/cremation services
- Estate administration expenses
- Costs of medical care received between sustaining a fatal injury and ultimately passing away from that injury
- Lost future financial support the deceased person would have provided to dependents
- Lost future value of inheritance
- Lost love and companionship
- Lost household services and assistance
However, they must formally begin their claim no later than two years after the deceased person’s date of death, or else the statute of limitations for wrongful death litigation would almost certainly bar them from receiving any compensation at all.
Discuss Your Legal Options With a Philadelphia Attorney Following a Fatal Slip and Fall Accident
No amount of money can possibly make up for a loved one losing their life before their natural time, and certainly not if their fatal injury was caused solely by someone else’s negligence. Nevertheless, seeking fair civil recovery for specific forms of harm that a fatal slip and fall accident in Philadelphia will result in can be vital to protecting your entire family’s financial and personal well-being in the years to come.
Our compassionate lawyers are here to support you through this difficult time. Call today to schedule a free, confidential meeting.
