Losing a loved one in a car accident is a devastating experience. The emotional and financial burdens can be overwhelming, and navigating the aftermath is often confusing. In such a difficult time, it is crucial to understand your legal rights to ensure your family is protected. Lenahan & Dempsey, P.C. provides an overview of the legal steps you can take and explains how an experienced attorney can assist you through this process.
Understanding Your Legal Rights
In Pennsylvania, after a fatal car accident caused by another’s negligence, you have specific rights that can help secure your family’s future. These rights generally fall into three main categories: wrongful death claims, insurance claims, and matters related to the deceased’s estate.
1. Wrongful Death Claim
A wrongful death claim is a legal action brought on behalf of the deceased’s estate and heirs. It seeks compensation for the financial and emotional losses resulting from the death. This can include damages for:
- Lost income and future earnings
- Medical and funeral expenses
- Loss of companionship and guidance
- Emotional suffering
In some situations, such as when an intoxicated driver is at fault, you may also file a “dram shop” claim against the establishment that served them alcohol.
2. Insurance Claims
Your family may be entitled to benefits from several insurance policies. An attorney can help you identify and file claims with all applicable insurers, which may include:
- The at-fault driver’s liability policy
- Your loved one’s uninsured/underinsured motorist coverage
- Personal umbrella policies
Navigating these claims requires careful attention to detail, as insurance companies often aim to minimize payouts.
3. Estate and Probate
When a person passes away, their estate must go through a legal process called probate. During probate, a personal representative is appointed to manage the deceased’s affairs, including paying debts and distributing assets. This representative is also the individual who formally files a wrongful death lawsuit on behalf of the estate and its beneficiaries.
How Lenahan & Dempsey Can Help
Fatal vehicle accident cases are highly complex and require a legal team with significant experience and resources. For decades, residents and even other law firms across Pennsylvania have trusted Lenahan & Dempsey to handle these difficult cases.
Our record of success, which includes recovering hundreds of millions of dollars for our clients, has earned us recognition from both judges and our peers. We are listed as a Tier 1 law firm (the highest possible rating) in The Best Law Firms in America. Eight of our lawyers are listed in Best Lawyers in America, and three — Firm President John Lenahan, Jr., Managing Partner Timothy Lenahan, and Attorney Matthew Dempsey — are included in The Top 100 Lawyers in Pennsylvania.
Furthermore, Timothy Lenahan has been recognized as Best Lawyers in America’s Top Insurance Lawyer for his work representing the injured against large insurance companies. We have the credentials, network of trusted professionals, and unwavering dedication to help your family secure the compensation you deserve.
Seek Professional Legal Guidance
The period following a fatal car accident is incredibly challenging. You do not have to face the legal complexities alone. The attorneys at Lenahan & Dempsey are here to protect your rights and guide you every step of the way.
We are available 24/7 to provide a free, no-obligation case evaluation. There are no fees until you get the money you deserve. Call us today at 1.888.536.2328 or online.
