Tuesday, 27 January 2015

Why can't we find an attorney to help settle a wrongful death suit in PA whrewe th survival claim has already been settled but the court sti...

Question

Why can't we find an attorney to help settle a wrongful death suit in PA whrewe th survival claim has already been settled but the court stills needs to determin how much my father is entitled to in PA. We really need an attorney to help. The survival claim was settled for $750,000 how much would my father ger as the parent of the deceased.



Answer

Did you get the $750,000 w/o an atty? Did that settlement include the WD claim? Do you have a copy of the Release that was signed? I would have to ask you 15 minutes worth of questions before I could give you advice. Feel free to call and discuss when you have time.

Richard Senker

www.senker.com

610 279 1600



Answer

Depends upon the age of the decedent, and if an adult at the time of his death, whether your father was dependent on decedent. You should consult the atty who settled the case to make sure that a wrongful death claim still exists. I would be surprised.



Answer

As the previous posts mention, much more information would be needed to provide any sort of accurate advice. PA law does permit both a survivor claim and wrongful death claim to be brought at the same time. Here, if the decedent was an adult, your father would need to prove that he (your father) has or will suffer some sort of financial loss due to the death of his son.

My firm handles cases throughout all counties in PA, so if you no longer have an attorney and would like to discuss your father's options further, please feel free to contact me for a free phone or in-person consultation.

Justin C. Gearty Jr., Esquire

Ph: 717-490-6325

Email: [email protected]/* */

Website: www.GeartyLawOffices.com

DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship. Attorney Gearty advises against taking any action based off of any post in a forum such as this as any actions should only be taken following a thorough consultation with a licensed attorney.



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