Philadelphia Wrongful Death Lawyer
A wrongful death is the legal term describing a death caused by the negligence, recklessness, or intentional actions of another. The designation of “wrongful death” entitles surviving family members to seek compensation from the responsible party for their financial and emotional losses.
What Are Common Causes of Wrongful Death?
Wrongful death occurs in tragic incidents caused by numerous types of situations, from accidents to medical mistakes. Some of the most common causes of wrongful death include:
- Car Accidents: Fatal accidents caused by negligent motorists due to behaviors such as distracted driving, speeding, or driving under the influence of alcohol or drugs.
- Defective Products: Deaths caused by inherently dangerous products or manufacturing defects.
- Medical Malpractice: Failure of a medical professional to provide the expected standard of care, leading to the patient’s death.
- Workplace Accidents: Fatal injuries in the workplace due to unsafe working conditions, lack of proper training, equipment malfunctions, or reckless coworkers, clients, or customers.
Who Can File a Wrongful Death Claim?
Filing a wrongful death claim is typically reserved for the personal representative of the deceased’s estate as named in the deceased’s will or appointed by the court if no will exists. The designated representative can file a claim on behalf of surviving family members, such as the spouse, children, or parents for their financial and emotional losses.
How Can I Prove Negligence Caused a Wrongful Death?
To succeed in a wrongful death lawsuit, you must prove that the defendant’s negligence or intentional actions directly caused the death by establishing the following key elements:
- Duty of Care: The party owed a duty of care to prevent harm to the deceased.
- Breach of Duty: Their actions breached the duty of care through negligence, such as medical malpractice, reckless driving, or manufacturing a defective product.
- Causation: The breach of duty directly led to the deceased’s fatal injuries.
- Damages: The death resulted in actual damages such as medical expenses, lost income, and pain and suffering.
What Evidence Is Needed to Support a Wrongful Death Claim?
Successfully proving negligence in a wrongful death case requires compelling evidence to establish fault, such as:
- Medical Records: Detailed documentation of the deceased’s medical history, treatments, and the cause of death.
- Witness Testimony: Statements from witnesses or others having relevant information about death.
- Expert Testimony: Medical experts, accident reconstruction specialists, and other experts can provide crucial testimony establishing causation and proving damages.
- Photos and Videos: Visual evidence from the scene, such as photographs and surveillance footage, showing conditions that contributed to the death.
- Official Reports: Police reports, autopsy reports, or safety inspection records provide an objective account of the incident.
- Financial Documents: Records documenting employment history, income, and the deceased’s financial contributions to the family help quantify economic damages.
Gathering and presenting this evidence effectively is critical to building a strong wrongful death case. An experienced Philadelphia wrongful death lawyer can help you collect and organize evidence to build a strong case.
What Types of Compensation Can I Seek in a Wrongful Death Case?
Compensation in wrongful death cases can vary widely based on the unique circumstances and the impact of the loss on surviving family members. Compensation typically includes a combination of economic and non-economic damages, which include:
- Economic Damages: Tangible financial losses such as medical expenses prior to the death, funeral and burial costs, lost wages, and loss of future earnings.
- Non-Economic Damages: Intangible losses such as pain and suffering, loss of companionship, and emotional distress endured by surviving family members.
- Punitive Damages: May be awarded if the responsible party’s actions were intentionally reckless or especially egregious. Punitive damages are typically significant and are designed to punish the responsible party and deter similar behavior in the future.
How Long Do I Have to File a Wrongful Death Claim?
The statute of limitations to file a wrongful death claim in Pennsylvania is two years from the date of death. It is crucial to consult an experienced Philadelphia wrongful death lawyer as soon as possible following a death to ensure that your claim is filed within the legal time limits.
How Are Wrongful Death Settlements Distributed Among Family Members?
When a wrongful death settlement is awarded, the distribution of funds among surviving family members can vary depending on state laws and case circumstances. In Pennsylvania, the distribution typically follows a hierarchy based on the relationship to the deceased, which includes:
- Spouse and Children: Typically, settlements are divided between the spouse and children, with the spouse receiving a larger portion if the children are minors.
- Parents: With no surviving spouse or children, the settlement may go to the deceased’s parents.
- Siblings: In the absence of a spouse, children, or parents, the settlement may be distributed to siblings
Having legal representation is crucial as a wrongful death lawyer ensures the settlement follows state laws and fairly compensates appropriate family members. Depending on the circumstances, the settlement may be managed by an estate administrator who oversees distribution, or surviving family members form an agreement on how to distribute the settlement.
How Long Does a Wrongful Death Case Take?
The duration of a wrongful death case can vary significantly depending on the complexity of the case, the willingness of the parties to settle, and the thoroughness of the investigation. In some instances, cases may be resolved within six months if a settlement is reached quickly.
Cases that proceed to trial, however, can take several years to resolve. It is essential to work with a skilled wrongful death lawyer who can navigate the legal challenges and expedite the process as much as possible.
Do I Need a Lawyer for a Wrongful Death Case?
Navigating a wrongful death claim can be complex and emotionally challenging for grieving family members. Hiring an experienced Philadelphia wrongful death lawyer can provide numerous benefits, including:
- Experience: A wrongful death lawyer has extensive knowledge of state laws and regulations and can guide you through the legal process.
- Investigation and Evidence: A lawyer can conduct a thorough investigation to gather evidence, interview witnesses, and build a strong case on your behalf.
- Negotiation: An experienced lawyer can negotiate with insurance companies to secure the compensation you deserve for your loss.
- Emotional Support: A compassionate lawyer understands the emotional toll of losing a loved one and can provide support and guidance throughout the legal process.
- Representation: A wrongful death lawyer can represent you in court if settlement negotiations fail.
A Philadelphia Wrongful Death Lawyer at Samuel Anyan Attorney At Law Supports Families After the Tragic Loss of a Loved One
A wrongful death lawsuit holds responsible parties accountable and compensates surviving family members for their loss and pain and suffering. If you have lost a loved one due to negligence, a Philadelphia wrongful death lawyer at Samuel Anyan Attorney At Law can help you seek justice for your financial and emotional losses. Call 833-372-6946 or contact us online to schedule a free consultation. Located in Philadelphia, we serve clients in Montgomery County, Bucks County, Delaware County, Chester County, Dauphin County, Berks County, Lehigh County, and Northampton County.