It is difficult to imagine the emotional distress that comes from losing a loved one. When a tragic event happens that results in a loved one’s death, family members could not only be left with emotional pain and distress, but financial hardship as well. It is safe to say that no one could possibly be prepared for the loss of a loved one under such grievous circumstances. When someone dies due to negligence or even the intentional act of an individual or other entity, surviving family members are left behind to pick up the pieces. Picking up the pieces can be one of the hardest things to go through in life, but amid the shatter, you may be entitled to sue for wrongful death. It may not bring back a loved one, but some needs and damages can be compensated.
When a wrongful death occurs, it is vitally important to consult with a wrongful death attorney in Philadelphia, PA who is experienced in managing the complexity of wrongful death cases. A well-versed Philadelphia, PA wrongful death attorney can guide and advise you on the best course of action relating to your specific needs and case. Wrongful death cases are a sensitive matter and should be handled with the utmost care and respect for all involved. A good attorney will not only explain and help you understand the process but also openly communicate expectations and any other aspects that affect your case.
What is Considered Wrongful Death?
Wrongful death results from the negligence, misconduct, or intentional act of another person or entity. An entity can be an individual, business, company, organization, or government agencies. When someone dies due to a fatal accident, malpractice, or product liability, the victim’s family can seek compensation for both economic and noneconomic damages such as lost wages, loss of companionship, funeral expenses, attorney’s fees, emotional and mental duress, and other damages. It is essential to talk to a wrongful death attorney in Philadelphia, PA to gain a better understanding of the various kinds of compensation and damages that apply to your particular case.
Wrongful death cases are complicated. Accordingly, several factors are needed in order to determine or identify whether a wrongful death has occurred. In other words, these factors identify whether a wrongful death suit can be brought forward. The following factors must be present to bring forward a cause of action:
- There must be a person’s death;
- The person’s death had to be caused by another’s negligence, misconduct, or intent to cause harm;
- The surviving deceased’s family members are suffering from economic hardship because of the victim’s death.
A wrongful death can be caused by a number of circumstances. Sadly, many wrongful deaths arise from personal injury situations gone fatally wrong in which the victim would have otherwise had a personal injury claim instead of a wrongful death suit. As a result, a wrongful death can occur from the following:
- Medical malpractice
- Car accident
- Airplane accident
- Product liability that leads to death
- Criminal behavior (e.g., murder)
- Occupational exposure caused by hazardous conditions
- Supervised activities that result in death
- Any other acts of negligence or misconduct that results in death whether intentional or not
If you believe that a loved one’s death was caused by a wrongful act, it is imperative that you seek the expert advice of a Philadelphia, PA wrongful death attorney who can help you assess your case and guide towards the best solution.
Family Members are Victims Too
Unfortunately, when a wrongful death strikes a loved one, surviving family members also become victims. The loss of a loved one can result in profound emotional pain, but there is no need to also suffer economically. As difficult as a time like this may be, it is important to seek justice from those who have wronged you and your family. The law protects the surviving family, and it is wise to counsel with a wrongful death attorney in Philadelphia, PA who has years of experience with numerous wrongful death cases.
When a wrongful death occurs, a claim can be filed by the victim’s heirs, who are usually immediate family members. Immediate family members include the deceased person’s spouse, children, and parents. In Pennsylvania, the heirs can request both wrongful death damages and survival damages. The state follows intestacy laws to grant damages, and each heir will receive a share of the wrongful death proceeds. Damages, compensation, and proceeds to the surviving family include recovery for lost financial support, reasonable hospital expenses, nursing costs, medical expenses, funeral expenses, and loss of companionship. Other forms of damages and compensation can be discussed in detail with a Philadelphia, PA wrongful death attorney.
As previously mentioned, wrongful death suits are complex, and it is highly advised to consult with a wrongful death attorney in Philadelphia, PA who knows how to navigate the system and procure favorable results.