Can a family make a wrongful death claim against a deceased driver’s insurance near Pittsburgh Pennsylvania?
A single vehicle crash near Pittsburgh took the life of two young people early Wednesday morning in Washington County. Kacey Shuba was driving with her passenger Garrett Delvecchio and lost control of her vehicle, causing it to cross the centerlines, exit the roadway, crash into a tree and rollover to a final stop. The crash is suspected to have occurred between 1 and 5 am. Authorities found that the two individuals, who were both wearing their seatbelts, had died of blunt force trauma injuries, and were pronounced dead at the scene of the accident. The crash is being investigated, but alcohol was not named as a probable cause.
Potential wrongful death action.
When an accident victim dies because of another’s actions, their estate, or family can pursue a wrongful death claim against a deceased person’s estate in court. In a single car crash where only one driver is involved, there will need to be a report from a crash specialist regarding a possible reason for the accident. If mechanical malfunction is a reason, then there may be additional parties to a wrongful death claim.
Insurance laws.
The State of Pennsylvania uses both a “no-fault” system and a 3rd party liability system. Under Pennsylvania’s no-fault system, after a car accident, a driver may turn to his or her own insurance company for compensation for injuries up to the personal injury protection, or “PIP” limit regardless of fault. Drivers also have the right to circumvent Pennsylvania’s no-fault law and proceed directly against the at-fault driver under certain circumstances that result in serious injury.
Damages.
A personal injury attorney can help with compensation for any loss sustained as a result of a car accident, due to partial, or full negligence of another party, is in a victim’s reach to assist in the payment of any significant medical expenses, loss of wages, funeral expenses, and wrongful death claims. Wrongful death settlements in car accidents are usually paid out by insurance companies who gave liability coverage to the entity, or person who was negligent. Damages may include:
- Medical bills
- Compensation losses
- Pain and suffering
- Loss of care, companionship
- Estate administration expenses
- Funeral expenses when wrongful death occurs
Seek legal counsel.
If you have lost a loved one in a car accident in the Pittsburgh area, it is important to contact an experienced personal injury attorney at the Law Offices of Scanlon & Wojton for assistance with a wrongful death claim. They can help navigate insurance claims, or initiate a legal case when it is warranted.
Scanlon & Wojton, Attorneys at Law
The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219
Phone: (412) 918-1241
Fax: (412) 235-7275
Sources:
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM
