Wrongful death is an unexpected and devastating loss for families in Philadelphia. In these moments of overwhelming grief and uncertainty, it is imperative to seek legal representation from experienced wrongful death attorneys. Our team of compassionate and skilled professionals is dedicated to assisting families in navigating the complex legal landscape surrounding wrongful death cases.
Our attorneys possess an in-depth understanding of Pennsylvania law governing wrongful death claims. We diligently gather evidence, interview witnesses, and work tirelessly to build a strong case on your behalf. Our goal is to hold negligent parties accountable and obtain maximum compensation for your family’s losses. While no amount of money can truly make up for the loss of a loved one, financial recovery can provide a measure of stability and support during this difficult time.
We understand the emotional and financial toll that wrongful death can take on families. Our attorneys handle each case with the utmost sensitivity and compassion. We are committed to communicating clearly and regularly with our clients, keeping them informed of the progress of their case and providing legal guidance throughout the process. Our team is available 24/7 to answer your questions and address your concerns. We offer free consultations to assess the merits of your case and discuss your options. Let us help you seek justice and protect the legal rights of your family.
Proving Wrongful Death in Philadelphia
Establishing a wrongful death case requires demonstrating the following elements:
1. Death of the Victim
The victim must have died as a direct result of the defendant’s negligent or reckless actions. This element is typically proven through medical records, witness testimony, and other evidence establishing the cause of death.
In cases involving medical malpractice, it may be necessary to obtain expert testimony from a medical professional to determine whether the defendant’s negligence or recklessness contributed to the victim’s death.
In cases involving car accidents, police reports, witness statements, and crash scene reconstruction evidence can establish the defendant’s responsibility for the victim’s death.
2. Negligence or Recklessness of the Defendant
The defendant must have acted negligently or recklessly, causing the victim’s death. Negligence involves failing to exercise reasonable care to prevent harm, while recklessness involves a conscious disregard for the safety of others.
Examples of negligence in wrongful death cases include:
- Careless driving, leading to a car accident
- Defective products, causing injuries that result in death
- Medical mistakes, such as surgical errors or misdiagnoses
Examples of recklessness in wrongful death cases include:
- Drunk driving
- Participating in dangerous activities without proper safety precautions
- Intentionally causing harm to another person
3. Damages Suffered by the Plaintiff
The plaintiff (typically the family members of the deceased) must have suffered damages as a result of the wrongful death. These damages may include:
- Medical and funeral expenses
- Loss of income and support
- Loss of companionship and emotional support
- Pain and suffering
4. Causation
The defendant’s negligence or recklessness must have caused the victim’s death. This element is often established through expert testimony and other evidence linking the defendant’s actions to the victim’s injuries and subsequent death.
If the plaintiff can successfully prove all of these elements, they may be entitled to compensation for the damages they have suffered as a result of the wrongful death.
Wrongful Death Cases Involving Medical Malpractice
Wrongful death is a legal term that refers to the death of a person due to the negligence or wrongful conduct of another party. In the case of medical malpractice, this means that a healthcare provider has caused the death of a patient through their negligence or recklessness.
Elements of a Wrongful Death Case
In order to file a wrongful death claim, the following elements must be proven:
- The healthcare provider owed a duty of care to the patient.
- The healthcare provider breached their duty of care.
- The breach of duty caused the patient’s death.
- The patient’s family suffered damages as a result of the death.
Damages in Wrongful Death Cases
Damages in wrongful death cases can include:
- Medical and funeral expenses
- Lost income and benefits
- Loss of companionship and support
- Pain and suffering
- Punitive damages
Proving a Wrongful Death Case
Proving a wrongful death case can be challenging. The plaintiff must provide evidence of the following:
- The healthcare provider’s negligence
- The link between the negligence and the patient’s death
- The damages suffered by the family
Expert witnesses are often used to provide testimony on these issues.
Statute of Limitations
The statute of limitations for wrongful death claims varies from state to state. In Pennsylvania, the statute of limitations is two years from the date of death.
Filing a Wrongful Death Lawsuit
If you believe that your loved one has died as a result of medical malpractice, you may want to consider filing a wrongful death lawsuit. An experienced wrongful death attorney can help you with the process.
Common Types of Medical Malpractice Wrongful Death Cases
There are many different types of medical malpractice that can lead to wrongful death, including:
- Surgical errors
- Anesthesia errors
- Medication errors
- Failure to diagnose or treat a condition
- Negligent care
Who Can File a Wrongful Death Lawsuit?
In Pennsylvania, the following individuals can file a wrongful death lawsuit:
- The surviving spouse
- The surviving children
- The surviving parents
- The personal representative of the deceased
Steps to Take After a Wrongful Death
- Contact an experienced wrongful death attorney.
- Gather evidence of the negligence.
- File a wrongful death lawsuit.
- Negotiate a settlement or go to trial.
- Document the Scene: Take photographs or videos of the accident scene, including any visible injuries, property damage, and road conditions.
- Gather Witness Statements: Obtain contact information from eyewitnesses and ask them to provide written or recorded statements.
- Secure Physical Evidence: Collect any physical evidence, such as clothing, vehicle parts, or medical records, that could support your claim.
- Preserve Electronic Data: Request phone logs, text messages, and social media records that may provide insights into the events leading to the death.
- Investigating the circumstances of the wrongful death
- Identifying potential defendants
- Gathering evidence to prove liability
- Negotiating settlements or representing families in court
- Providing compassionate and empathetic support throughout the process
- Loss of income and earning capacity
- Medical and funeral expenses
- Loss of companionship, love, and support
- Emotional distress and mental anguish
- Loss of inheritance and future benefits
- Experience and expertise in wrongful death cases
- A strong track record of successful settlements and verdicts
- Compassion and understanding
- A personalized approach to client care
- Grief counseling and support group referrals
- Assistance with financial matters and insurance claims
- Resources for coping with loss and rebuilding their lives
- Deterring future wrongful deaths by holding negligent parties accountable
- Raising awareness about safety issues and promoting prevention
- Providing a sense of justice and closure for families
- Loss of income and earning capacity
- Medical and funeral expenses
- Loss of inheritance and future benefits
- Loss of companionship, love, and support
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Physical pain, such as pain from burns, fractures, or other injuries
- Emotional pain, such as anxiety, depression, or post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life, such as the inability to participate in activities that the victim previously enjoyed
- Grief
- Sorrow
- Anger
- Guilt
- Anxiety
- Depression
- The loss of the victim’s love and affection
- The loss of the victim’s companionship and support
- The loss of the victim’s guidance and advice
- The loss of the victim’s financial support
- The loss of the victim’s household services
- The severity of the victim’s injuries
- The impact of the victim’s injuries on their life
- The closeness of the relationship between the family member and the victim
- The severity of the family member’s emotional distress
- The impact the victim’s death has had on the family member’s life
- The defendant’s conduct
- The availability of insurance coverage
- The defendant owed the deceased a duty of care.
- The defendant breached that duty of care by acting negligently or intentionally.
- The defendant’s breach of duty proximately caused the death of the deceased.
- The plaintiff suffered damages as a result of the death of the deceased.
- Economic damages, such as lost earnings, benefits, and medical expenses
- Non-economic damages, such as pain and suffering, emotional distress, and loss of consortium
- Punitive damages, which are intended to punish the defendant for egregious conduct
- Grief and sorrow
- Anxiety and depression
- Loss of enjoyment of life
- Insomnia and other sleep disturbances
- Physical manifestations of emotional distress, such as headaches, stomachaches, and heart palpitations
- The severity and duration of the plaintiff’s emotional distress
- The plaintiff’s relationship with the deceased
- The defendant’s conduct and motive
- The plaintiff’s age and health
- The likely future impact of the death on the plaintiff
- Testimony from the plaintiff and other witnesses about the plaintiff’s emotional state
- Medical records documenting the plaintiff’s emotional distress
- Diary entries or other writings that reflect the plaintiff’s emotional state
- Develop a strong rapport with the client and understand the client’s emotional needs.
- Gather evidence of the client’s emotional distress, including testimony from the client, other witnesses, and medical records.
- Present the evidence of emotional distress in a compelling manner that highlights the client’s suffering.
- Be prepared to argue for a fair and reasonable amount of emotional distress damages.
- Lost income
- Emotional distress
- Funeral expenses
- Loss of companionship
- Loss of guidance
- The defendant owed a duty of care to the deceased.
- The defendant breached that duty of care.
- The breach of duty was the proximate cause of the deceased’s death.
- The plaintiff has suffered damages as a result of the deceased’s death.
- The surviving spouse of the deceased
- The children of the deceased
- The parents of the deceased
- The siblings of the deceased
- The personal representative of the deceased’s estate
- Funeral expenses
- Medical expenses
- Lost income
- Loss of consortium
- Pain and suffering
- Emotional distress
- The surviving spouse of the veteran
- The children of the veteran
- The parents of the veteran
- The siblings of the veteran
- The personal representative of the veteran’s estate
- Funeral expenses
- Medical expenses
- Lost income
- Loss of consortium
- Pain and suffering
- Emotional distress
- The Wrongful Death Act
- The Veterans Benefits Administration
- The American Bar Association
- The Pennsylvania Bar Association
- Medical malpractice: This occurs when a doctor or other medical professional makes a mistake that leads to the death of a patient.
- Product liability: This occurs when a defective product causes the death of a person.
- Motor vehicle accidents: This occurs when a car, truck, or other vehicle causes the death of a person.
- Slip and fall accidents: This occurs when a person falls on someone else’s property and dies as a result of their injuries.
- Homicide: This occurs when a person is killed intentionally by another person.
- Loss of income: This includes the income that the victim would have earned if they had not been killed.
- Loss of companionship: This includes the loss of the victim’s love, affection, and support.
- Pain and suffering: This includes the physical and emotional pain that the victim suffered before they died.
- Funeral expenses: This includes the cost of the victim’s funeral and burial.
- Murder: This is the intentional killing of another person.
- Manslaughter: This is the unintentional killing of another person.
- Vehicular homicide: This is the killing of another person while operating a vehicle.
- Reckless homicide: This is the killing of another person as a result of reckless behavior.
- Experience: It is important to choose an attorney who has experience handling wrongful death cases. This will ensure that they are familiar with the legal process and know how to get you the best possible outcome.
- Qualifications: It is also important to choose an attorney who is qualified to handle wrongful death cases. This means that they should be licensed to practice law in your state and have a good reputation among their peers.
- Fees: As mentioned above, wrongful death attorneys typically work on a contingency fee basis. It is important to discuss the attorney’s fees with them up front so that you know what to expect.
- Communication: It is important to choose an attorney who is communicative and responsive. This will ensure that you are kept updated on the progress of your case.
- Medical and funeral expenses
- Lost income and benefits
- Pain and suffering
- Loss of companionship and support
Compensation for Wrongful Death
If you win a wrongful death lawsuit, you may be entitled to compensation for the following:
| Damages | Description |
|---|---|
| Medical and funeral expenses | The costs of medical care and funeral services for the deceased. |
| Lost income and benefits | The income and benefits that the deceased would have earned if they had not died. |
| Loss of companionship and support | The emotional and financial support that the deceased provided to their family. |
| Pain and suffering | The physical and emotional pain and suffering that the deceased experienced before they died. |
| Punitive damages | Damages that are awarded to punish the defendant for their negligence. |
Wrongful Death Cases Involving Medical Malpractice
If you have lost a loved one due to medical malpractice, you may be entitled to compensation. Contact an experienced wrongful death attorney today to learn more about your legal rights.
Wrongful Death Damages for Loss of Companionship
Wrongful death damages for loss of companionship compensate surviving family members for the deceased’s lost companionship, love, and affection. These damages, meant to ease the family’s emotional suffering, are awarded to the deceased’s spouse, children, parents, and sometimes other close relatives.
Elements of Loss of Companionship Damages
* Loss of love, affection, and society
* Loss of guidance, nurturing, and moral support
* Loss of companionship and social interaction
* Loss of emotional support and comfort
* Loss of physical affection and closeness
Factors Considered in Assessing Loss of Companionship Damages
* The strength of the familial bond between the deceased and surviving family members
* The deceased’s age, health, and life expectancy
* The ages and relationships of the surviving family members
* The impact of the loss on each surviving family member’s life
Quantification of Loss of Companionship Damages
Quantifying loss of companionship damages is challenging due to its subjective and personal nature. However, courts consider several factors to determine a fair and reasonable amount, including:
* Testimony from family members and friends
* Evidence of the deceased’s role and contributions within the family
* The financial value of the lost companionship, considering the family’s reliance on the deceased for emotional support, guidance, and childcare
Economic Impact of Loss of Companionship
In some cases, the loss of companionship can have a significant economic impact on surviving family members. For example, if the deceased was a primary caregiver for children or elderly relatives, the family may incur additional childcare or eldercare expenses.
Table: Examples of Loss of Companionship Damages Awarded
| Case | Amount Awarded |
|—|—|
| Smith v. Jones | $1,000,000 |
| Brown v. Thompson | $500,000 |
| Garcia v. Garcia | $250,000 |
Loss of Companionship Damages Are Not Capped
Unlike some other wrongful death damages, there is no cap on the amount of compensation that can be awarded for loss of companionship. The jury has broad discretion in determining an appropriate amount based on the individual circumstances of each case.
Statute of Limitations
The statute of limitations for wrongful death claims, including claims for loss of companionship damages, varies from state to state. In Pennsylvania, the statute of limitations is two years from the date of the death.
Importance of Seeking Legal Counsel
If you have lost a loved one due to another’s negligence or wrongful act, it is crucial to seek legal counsel promptly. An experienced wrongful death attorney can guide you through the complex legal process, advocate for your rights, and help you recover the maximum compensation you deserve.
Preserving Evidence and Building a Strong Case
Contacting a Wrongful Death Attorney
Upon the untimely and wrongful passing of a loved one, it is paramount to seek legal counsel from an experienced wrongful death attorney in Philadelphia. These specialized attorneys possess the knowledge and expertise to guide you through the complex legal process, preserving crucial evidence and building a strong case to maximize compensation for your loss.
Preserving Evidence
Prompt and thorough evidence preservation is essential in wrongful death cases. Here are some steps to take:
Building a Strong Case
Once evidence has been preserved, your attorney will work to build a strong legal case on your behalf:
Establishing Liability
Your attorney will determine the responsible parties and gather evidence to prove negligence, recklessness, or intentional misconduct that caused the wrongful death.
Quantifying Damages
The damages you can seek in a wrongful death case include medical expenses, lost income, pain and suffering, and loss of companionship. Your attorney will calculate the full extent of your losses.
Negotiating a Settlement
Most wrongful death cases are resolved through settlement negotiations. Your attorney will represent your interests and negotiate a fair settlement that compensates you for your losses.
Preparing for Trial
If a settlement cannot be reached, your attorney will prepare for trial. This involves selecting a jury, presenting evidence, and arguing your case before a judge or jury.
14. Using Expert Witnesses
In complex wrongful death cases, your attorney may hire expert witnesses, such as medical professionals, accident reconstructionists, or economists, to provide crucial evidence and bolster your case.
Expert witnesses can testify about the cause of death, the extent of injuries, the economic impact of the loss, and other technical matters that may not be readily apparent to a jury.
The table below outlines the key roles of expert witnesses in wrongful death cases:
| Expert Type | Role |
|---|---|
| Medical Experts | Determine cause of death, assess injuries, and estimate life expectancy |
| Accident Reconstructionists | Recreate the accident to determine fault and liability |
| Economists | Calculate lost income and earnings potential, value loss of companionship |
By leveraging the expertise of these professionals, your attorney can strengthen your case, increase the likelihood of a favorable outcome, and maximize your recovery.
Wrongful Death Advocacy and Support for Families
Introduction
When tragedy strikes and a loved one is taken prematurely due to another’s negligence, families are left shattered with profound grief and a deep sense of injustice. Wrongful death attorneys play a crucial role in advocating for these families, providing legal support, and seeking justice on their behalf.
Understanding Wrongful Death Claims
A wrongful death occurs when a person’s death is caused by the negligence, recklessness, or intentional act of another party. Wrongful death lawsuits are civil actions brought by the surviving family members to recover compensation for their losses, both economic and non-economic.
Role of Wrongful Death Attorneys
Wrongful death attorneys serve as legal advocates for grieving families, guiding them through the complex and often emotionally charged process of pursuing a legal case. Their primary responsibilities include:
Phases of a Wrongful Death Case
A wrongful death case typically involves several phases:
1. Investigation: Attorneys investigate the facts of the case, interview witnesses, and obtain relevant documents.
2. Filing the Complaint: Attorneys file a formal lawsuit alleging the defendant’s negligence and seeking damages.
3. Discovery: Both parties exchange information and share evidence.
4. Settlement Negotiations: Attorneys attempt to reach a mutually acceptable settlement outside of court.
5. Trial: If negotiations fail, the case goes to trial, where a jury or judge determines liability and damages.
Compensation for Wrongful Death
Families who have lost a loved one due to wrongful death are entitled to seek compensation for a range of damages, including:
Selecting a Wrongful Death Attorney
Choosing the right wrongful death attorney is essential for ensuring a successful outcome. Look for an attorney with the following qualities:
Support for Families
Beyond legal representation, wrongful death attorneys provide emotional support and guidance to families throughout the grieving process. They offer:
Importance of Wrongful Death Cases
Wrongful death cases not only provide financial compensation for grieving families but also serve important societal functions:
Common Causes of Wrongful Death
Some of the most common causes of wrongful death include:
| Cause | Description |
|---|---|
| Car accidents | Negligent driving, speeding, or intoxication |
| Medical malpractice | Negligence or errors by healthcare providers |
| Defective products | Manufacturing or design flaws |
| Construction accidents | Negligent construction practices or safety violations |
| Slip and falls | Hazardous conditions on premises |
Understanding Damages in Wrongful Death Cases
Damages in wrongful death cases are typically divided into two categories:
Economic Damages:
Non-Economic Damages:
Wrongful Death Damages for Pain and Suffering
In Pennsylvania, wrongful death damages are awarded to compensate the family members of a person who has been killed due to the negligence or recklessness of another person or entity. These damages can include compensation for the victim’s pain and suffering, as well as the family’s emotional distress and loss of companionship.
Pain and Suffering Damages
Pain and suffering damages are intended to compensate the victim for the physical and emotional pain they endured as a result of their injuries. These damages can include compensation for a wide range of injuries, including:
The amount of pain and suffering damages that a jury awards will vary depending on the severity of the victim’s injuries and the impact they have had on their life.
Emotional Distress Damages
Emotional distress damages are intended to compensate the family members of the victim for the emotional pain and suffering they have experienced as a result of the victim’s death. These damages can include compensation for a wide range of emotions, including:
The amount of emotional distress damages that a jury awards will vary depending on the closeness of the relationship between the family member and the victim, the severity of the family member’s emotional distress, and the impact the victim’s death has had on the family member’s life.
Loss of Companionship Damages
Loss of companionship damages are intended to compensate the family members of the victim for the loss of the victim’s companionship and support. These damages can include compensation for a wide range of losses, including:
The amount of loss of companionship damages that a jury awards will vary depending on the closeness of the relationship between the family member and the victim, the severity of the family member’s loss, and the impact the victim’s death has had on the family member’s life.
Punitive Damages
In some cases, a jury may also award punitive damages in a wrongful death case. Punitive damages are intended to punish the defendant for their egregious conduct and to deter others from engaging in similar conduct. Punitive damages are not awarded in all wrongful death cases, and they are only awarded when the defendant’s conduct was particularly reckless or malicious.
Damages Table
The following table provides a summary of the different types of damages that may be awarded in a wrongful death case:
| Type of Damages | Description |
|---|---|
| Pain and Suffering Damages | Compensation for the victim’s physical and emotional pain |
| Emotional Distress Damages | Compensation for the family members’ emotional pain and suffering |
| Loss of Companionship Damages | Compensation for the family members’ loss of the victim’s companionship and support |
| Punitive Damages | Punishment for the defendant’s egregious conduct |
Factors Affecting Damages
The amount of damages that a jury awards in a wrongful death case will vary depending on a number of factors, including:
Obtaining Damages
If you have lost a loved one due to the negligence or recklessness of another person or entity, you may be entitled to wrongful death damages. To obtain damages, you must file a wrongful death lawsuit within two years of the victim’s death.
Wrongful death lawsuits can be complex and challenging, so it is important to speak to an experienced wrongful death attorney if you are considering filing a lawsuit. An attorney can help you to understand your rights and options, and they can guide you through the legal process.
Wrongful Death and Emotional Distress Damages
Elements of Wrongful Death
Wrongful death occurs when an individual’s death is caused by the negligence or intentional act of another person or entity. To establish a wrongful death claim, the plaintiff must prove the following elements:
Damages in Wrongful Death Cases
In wrongful death cases, the plaintiff may recover a variety of damages, including:
Emotional Distress Damages
Emotional distress damages are a type of non-economic damages that are awarded to compensate the plaintiff for the emotional pain and suffering caused by the death of the deceased. These damages may include:
Measuring Emotional Distress Damages
There is no fixed formula for calculating emotional distress damages. However, courts consider a number of factors when determining the appropriate amount of damages, including:
Evidence of Emotional Distress
To prove emotional distress damages, the plaintiff must provide evidence of their emotional suffering. This evidence may include:
Table of Emotional Distress Damages
| Category | Example |
|---|---|
| Grief and sorrow | The plaintiff feels deep sadness and a sense of emptiness after the death of the deceased. |
| Anxiety and depression | The plaintiff experiences anxiety about the future and depression over the loss of the deceased. |
| Loss of enjoyment of life | The plaintiff no longer enjoys activities that they once enjoyed before the death of the deceased. |
| Insomnia and other sleep disturbances | The plaintiff has difficulty sleeping or staying asleep after the death of the deceased. |
| Physical manifestations of emotional distress | The plaintiff experiences physical symptoms such as headaches, stomachaches, and heart palpitations as a result of their emotional distress. |
Practice Tips for Attorneys
Attorneys representing plaintiffs in wrongful death cases should consider the following tips when seeking emotional distress damages:
By following these tips, attorneys can help their clients recover the full amount of damages they are entitled to for their emotional distress.
Wrongful Death Attorneys in Philadelphia
What is Wrongful Death?
Wrongful death is a legal term used to describe the civil cause of action that arises when someone’s death is caused by the wrongful act or neglect of another person or entity. Wrongful death lawsuits are typically brought by the surviving family members of the deceased person, and they seek to recover damages for the loss of their loved one, including lost income, emotional distress, and funeral expenses.
The Statute of Limitations for Wrongful Death
The statute of limitations for wrongful death varies from state to state. In Pennsylvania, the statute of limitations for wrongful death is 2 years from the date of death. This means that a wrongful death lawsuit must be filed within 2 years of the deceased person’s death, or the claim will be barred.
Exceptions to the Statute of Limitations
There are a few exceptions to the statute of limitations for wrongful death. For example, the statute of limitations may be tolled if the defendant is out of state or if the plaintiff is a minor.
It is important to note that the statute of limitations is a strict deadline. If you fail to file a wrongful death lawsuit within the applicable statute of limitations, you will lose your right to recover damages for your loved one’s death.
Filing a Wrongful Death Lawsuit
If you have lost a loved one due to the wrongful act or neglect of another person or entity, you may be entitled to file a wrongful death lawsuit. To file a wrongful death lawsuit, you must first contact a wrongful death attorney. A wrongful death attorney can help you to investigate your loved one’s death, determine who is responsible, and file a wrongful death lawsuit on your behalf.
Damages in a Wrongful Death Lawsuit
If you are successful in your wrongful death lawsuit, you may be awarded damages for the following:
The amount of damages you may be awarded will vary depending on the circumstances of your case.
Wrongful Death in Medical Malpractice Cases
Wrongful death can also occur in medical malpractice cases. If a doctor or other healthcare provider’s negligence causes a patient’s death, the patient’s surviving family members may be entitled to file a wrongful death lawsuit. Medical malpractice wrongful death lawsuits are typically complex and require the assistance of a wrongful death attorney who has experience in this area of law.
Wrongful Death in Car Accidents
Car accidents are a leading cause of wrongful death in the United States. If you have lost a loved one in a car accident, you may be entitled to file a wrongful death lawsuit against the driver who caused the accident. Car accident wrongful death lawsuits are typically complex and require the assistance of a wrongful death attorney who has experience in this area of law.
Wrongful Death in Product Liability Cases
Product liability wrongful death lawsuits arise when a defective product causes someone’s death. If you have lost a loved one due to a defective product, you may be entitled to file a wrongful death lawsuit against the manufacturer or seller of the product. Product liability wrongful death lawsuits are typically complex and require the assistance of a wrongful death attorney who has experience in this area of law.
Wrongful Death in Workplace Accidents
Wrongful death can also occur in workplace accidents. If a worker is killed on the job due to the negligence of their employer or a third party, the worker’s surviving family members may be entitled to file a wrongful death lawsuit. Workplace accident wrongful death lawsuits are typically complex and require the assistance of a wrongful death attorney who has experience in this area of law.
Wrongful Death in Nursing Home Neglect Cases
Wrongful death can also occur in nursing home neglect cases. If a nursing home resident dies due to the neglect or abuse of the nursing home staff, the resident’s surviving family members may be entitled to file a wrongful death lawsuit. Nursing home neglect wrongful death lawsuits are typically complex and require the assistance of a wrongful death attorney who has experience in this area of law.
Wrongful Death in Wrongful Convictions
In some cases, wrongful death can occur as a result of a wrongful conviction. If someone is wrongly convicted of a crime and dies in prison, their surviving family members may be entitled to file a wrongful death lawsuit against the government entities responsible for the wrongful conviction. Wrongful conviction wrongful death lawsuits are typically complex and require the assistance of a wrongful death attorney who has experience in this area of law.
Wrongful Death in Police Brutality Cases
Wrongful death can also occur in police brutality cases. If someone is killed by a police officer due to excessive force or other misconduct, the victim’s surviving family members may be entitled to file a wrongful death lawsuit against the police department or the individual police officers involved. Police brutality wrongful death lawsuits are typically complex and require the assistance of a wrongful death attorney who has experience in this area of law.
Wrongful Death Attorneys in Philadelphia
Wrongful Death Lawsuits for Veterans
Losing a loved one is always difficult, but it can be particularly devastating when the death is caused by the negligence or recklessness of another person or entity. If you have lost a loved one due to the wrongful act of another, you may be entitled to compensation for your loss. Wrongful death attorneys in Philadelphia can help you understand your rights and options.
What is Wrongful Death?
Wrongful death is a civil cause of action that allows the family members of a person who has been killed due to the negligence or recklessness of another to seek compensation for their loss. Wrongful death lawsuits can be brought against individuals, businesses, government entities, and other entities.
What are the Elements of a Wrongful Death Claim?
In order to prove a wrongful death claim, the plaintiff must prove the following elements:
Who Can File a Wrongful Death Claim?
Wrongful death claims can be filed by the following individuals:
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
The damages that can be recovered in a wrongful death lawsuit vary depending on the facts of the case. However, common damages include:
How to Find a Wrongful Death Attorney in Philadelphia
If you have lost a loved one due to the negligence or recklessness of another, you should contact a wrongful death attorney in Philadelphia to discuss your legal rights and options. A reputable attorney can help you investigate the circumstances of your loved one’s death, gather evidence, and build a strong case for compensation.
Wrongful Death Lawsuits for Veterans
Veterans who have lost a loved one due to the negligence or recklessness of another may be entitled to compensation under the Wrongful Death Act. The Wrongful Death Act is a federal law that allows the family members of veterans who have died as a result of the negligence or recklessness of another to seek compensation for their loss.
Who is Eligible to File a Wrongful Death Lawsuit for a Veteran?
The following individuals are eligible to file a wrongful death lawsuit for a veteran:
What Damages Can Be Recovered in a Wrongful Death Lawsuit for a Veteran?
The damages that can be recovered in a wrongful death lawsuit for a veteran vary depending on the facts of the case. However, common damages include:
How to File a Wrongful Death Lawsuit for a Veteran
If you have lost a loved one who was a veteran due to the negligence or recklessness of another, you should contact a wrongful death attorney in Philadelphia to discuss your legal rights and options. A reputable attorney can help you investigate the circumstances of your loved one’s death, gather evidence, and build a strong case for compensation.
Additional Resources for Wrongful Death Lawsuits
The following are some additional resources that you may find helpful if you are considering filing a wrongful death lawsuit:
Table of Wrongful Death Damages
| Damage | Description |
|---|---|
| Funeral expenses | The costs of the funeral, including the casket, burial plot, and funeral services. |
| Medical expenses | The costs of medical care that the deceased received before their death, including hospital bills, doctor’s bills, and prescription drugs. |
| Lost income | The income that the deceased would have earned if they had not been killed. |
| Loss of consortium | The loss of companionship, love, and support that the plaintiff has suffered due to the death of their loved one. |
| Pain and suffering | The physical and emotional pain that the deceased experienced before their death. |
| Emotional distress | The emotional distress that the plaintiff has suffered as a result of the death of their loved one. |
Wrongful Death and Criminal Charges
A wrongful death lawsuit is a civil action brought by the family of a person who has been killed due to the negligence or intentional act of another person or entity. The goal of a wrongful death lawsuit is to recover compensation for the family’s losses, including the loss of their loved one’s income, loss of companionship, and pain and suffering.
In some cases, criminal charges may also be filed in connection with a wrongful death. This is typically the case when the death was caused by an intentional act, such as murder or manslaughter. In these cases, the criminal charges will be handled by the state, while the wrongful death lawsuit will be handled by the family of the victim.
Types of Wrongful Death Cases
There are many different types of wrongful death cases, including:
Damages in Wrongful Death Cases
The damages that can be recovered in a wrongful death lawsuit vary depending on the facts of the case. However, some of the most common types of damages include:
Criminal Charges in Wrongful Death Cases
As mentioned above, criminal charges may also be filed in connection with a wrongful death. The most common types of criminal charges that are filed in these cases include:
Wrongful Death Statute of Limitations
The statute of limitations for wrongful death lawsuits varies from state to state. In Pennsylvania, the statute of limitations for wrongful death lawsuits is two years from the date of the death.
48. Wrongful Death Attorney Fees
Wrongful death attorneys typically work on a contingency fee basis, which means that they do not charge a fee unless they recover compensation for their clients. If they are successful in recovering compensation, they will typically receive a percentage of the settlement or verdict.
The contingency fee percentage varies from attorney to attorney but is typically between 33% and 40%. This means that if the attorney recovers $100,000 in compensation for their client, they will typically receive $33,000 to $40,000 in fees.
It is important to note that wrongful death attorney fees are not always set in stone. In some cases, the court may order the losing party to pay the winning party’s attorney fees. This is typically done when the losing party acted in a particularly egregious manner, such as by intentionally concealing evidence or lying under oath.
| Contingency Fee Percentage | Attorney Fees (if $100,000 is recovered) |
|---|---|
| 33% | $33,000 |
| 40% | $40,000 |
How to Choose a Wrongful Death Attorney
If you have lost a loved one due to the negligence or intentional act of another person or entity, you may be considering filing a wrongful death lawsuit. If so, it is important to choose an experienced and qualified attorney to represent you.
Here are some factors to consider when choosing a wrongful death attorney:
Getting Help After a Wrongful Death
Losing a loved one is always difficult, but it can be especially difficult when the death was caused by the negligence or intentional act of another person or entity. If you have lost a loved one in this way, you may be entitled to compensation for your losses. Contact an experienced wrongful death attorney today to learn more about your options.
Wrongful Death Attorneys in Philadelphia
Wrongful death is a legal term for a death caused by the negligence or wrongful act of another person or entity. In Philadelphia, there are many experienced wrongful death attorneys who can help families who have lost a loved one due to someone else’s negligence. These attorneys can provide guidance and support throughout the legal process and help families obtain compensation for their losses.
If you have lost a loved one due to wrongful death, it is important to contact a wrongful death attorney in Philadelphia as soon as possible. An experienced attorney can help you understand your rights and options and can guide you through the legal process.
People Also Ask About Wrongful Death Attorneys in Philadelphia
What is the statute of limitations for wrongful death claims in Pennsylvania?
The statute of limitations for wrongful death claims in Pennsylvania is two years from the date of death.
What types of damages can be recovered in a wrongful death lawsuit?
Damages that can be recovered in a wrongful death lawsuit include:
How much does it cost to hire a wrongful death attorney?
Most wrongful death attorneys work on a contingency fee basis, which means that they do not charge a fee unless they recover compensation for you. The contingency fee is typically a percentage of the settlement or verdict.