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Every death is a tragedy that impacts a family. However, many deaths are the product of natural events. It is only when a death would not have occurred but for the actions of another person or company that a wrongful death lawsuit is appropriate.
A Philadelphia wrongful death lawyer may be able to help your family hold at-fault parties responsible for their actions. Pursuing a wrongful death suit with a seasoned personal injury attorney could help obtain the compensation your family needs to stabilize their futures and end a painful chapter in your family’s life.
The Legal Elements of a Wrongful Death Case
The core of a wrongful death case involves proving another party was legally responsible for a death. This means tying the actions or inactions of a party to the incident that resulted in the passing. Commonwealth law provides the basis for these cases.
Pennsylvania Consolidated Statutes, Title 42 § 8301 states that a wrongful death lawsuit is appropriate when the death is the product of another party’s unlawful act, neglect, or negligence. A wrongful passing case is proper when the defendant’s actions would have allowed the victim to pursue a personal injury case had they survived the incident.
As a result, wrongful death cases could develop from a variety of intentional and accidental incidents. These lawsuits may stem from:
- Car, motorcycle, or truck collisions
- Bicycle or pedestrian accidents
- Slip and falls, or other events that occur while visiting another’s land
- Defective product injuries
- Medical malpractice
An attorney in Philadelphia could provide more information about the legal basis for wrongful death lawsuits. They could then build powerful cases against at-fault parties by gathering evidence demonstrating their fault for an incident.
Who Could a Wrongful Death Case Benefit?
In common injury lawsuits, only the victim of the incident has the ability to demand compensation for their losses. However, the law recognizes a wrongful death may impact more people than the decedent. As a result, a wrongful death case could lead to other parties receiving compensation.
The sole beneficiaries of a wrongful death lawsuit are the decedent’s surviving family members. Pennsylvania Consolidated Statutes, Title 42 § 8301 says that only a surviving spouse, children, or parents of the deceased may demand compensation through these lawsuits. If the decedent has no surviving family members that fit into these categories, the personal representative of the decedent’s estate may pursue a case to collect damages to cover medical bills, funeral costs, and other economic damages resulting from the death.
When family members pursue a wrongful death case, they do so to bring themselves comfort after the death. This includes economic comfort by demanding payments for medical bills, funeral costs, and lost income if the decedent was a wage earner. In addition, these cases seek payments for non-economic losses. These typically include emotional trauma, loss of companionship, loss of parenting, or lost consortium. A wrongful death lawyer in Philadelphia could help families pursue the compensation they need to bring stability back into their lives.
Reach Out to a Philadelphia Wrongful Death Attorney Now
The law states that every individual, company, and government agency is responsible for their actions that affect others. This even includes incidents where an act of violence or negligence results in death. The living family members of the deceased have the right under the law to pursue compensation for their losses. These include economic losses and reductions in their quality of life.
A Philadelphia wrongful death lawyer wants to help you set things right after an untimely death. They could explain vital concepts under the law, gather evidence that proves another party’s fault, measure your losses, and demand proper compensation every step of the way. Contact our team now to start your claim.