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There is no financial settlement that can compensate for the death of a loved one. There is, however, legal recourse for those family members left behind if the death was caused by another person or by a company’s negligence.
When a horrific injury takes the life of your loved one, Pennsylvania law provides two statutory vehicles which permit certain family members to make claim against he wrongdoers; The Pennsylvania Wrongful Death Statute, 42 Pa.CSA §8301 and the Pennsylvania Survival Statute 42 P.CSA §8302.
The Pennsylvania Wrongful Death Statute permits a cause of action on behalf of a certain class of surviving relatives who can make claim for the loss of the decedent’s financial support, earnings, future earning capacity, household services, comfort, society, affection, companionship, guidance, solace protection and tutelage. The Pennsylvania Wrongful Death Statute also permits the claim for medical expenses, funeral expenses and administration necessitated by reason of the injuries causing the decedent’s death.
The Pennsylvania Survival Statute is a legal vehicle which preserves the cause of action the deceased would have had an action been brought during their lifetime. In other words, the Pennsylvania Survival Statute permits the decedent’s estate to make claim for the decedent’s conscious pain and suffering suffered during his/her life, as well as the loss of earnings, earning power and earning capacity.
In presenting these claims, experienced counsel must understand the complexities of the law interpreting these statutes to maximize the recovery to the decedent’s estate. For example, an experienced attorney must understand the interrelationship between the legal issues resulting from inflation, productivity over the decedent’s life, the decedent’s marginal propensity to consume and the tax ramifications of the allocation between Wrongful Death Statute or Survival Statute recoveries.
Moreover, experienced counsel must also be aware of structured settlement vehicles which pour the recoveries into annuities which, if performed correctly, can grow tax free for the benefit of the survivors. Indeed, when dealing with the decedent’s children as beneficiaries, prudent counsel will consider structured settlements which can be geared to not only grow tax free, but systematically release portions of money at various times over the child’s life.
Ferrara law offices, P.C. has prosecuted many death claims and has maximized the recovery to decedents. Call Ferrara Law Offices for a free consultation.
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