Tag Archives: Wrongful death attorney

Wrongful Deaths vs. Survival Actions Explained

Wrongful Deaths vs. Survival Actions Explained

Wrongful death and survival actions leading to death are two different types of claims. Both involve a victim who is deceased and a defendant who has allegedly caused the death. However, they differ in the way they are filed.

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Wrongful Death Claims

A wrongful death claim is one that alleges the plaintiff’s loved one’s death was caused by an accident or other wrongful act of another party that led to his or her demise. The most common example of this type of claim is when someone dies in an auto accident caused by a drunk driver.

Survival Actions Leading to Death Claims

A survival action leading to a death claim also alleges that someone’s loved one died due to another person’s wrongdoing. But in this case, the person who killed or harmed them did not intend to do so — instead, it was an unintended consequence of their actions that caused their demise.

What Are the Other Differences?

A wrongful death action is a civil lawsuit filed by a family member or loved one of an individual who has died as a result of someone else’s negligence. This type of case involves the death of an individual and can be filed in state court, federal court or both.

A survival action is a civil lawsuit filed by the living party to recover damages for their own pain and suffering from their injury, whether it be physical or emotional. These cases are typically filed in state court, although an attorney may also file for federal court if that is where the grantor of the insurance policy resides.

The difference between these two types of cases can be confusing because they both involve the death of another person.

Get a Philadelphia Wrongful Death lawyer if you’re confused. These cases can become overly complex too quickly. An attorney from a good law firm will help make things clearer so you can adjust your expectations and know what’s to come.

Describing the Two Types

Wrongful death is the killing of another person by an individual, or by the negligence of another party. It can also be referred to as homicide or homicidal conduct. A wrongful death lawsuit is a civil lawsuit in which a family member or loved one who has died due to the negligence of another party seeks monetary compensation for damages they suffered as a result of that person’s actions.

Survival actions are similar to wrongful death lawsuits but with one major difference: survival actions are filed against those who caused the death, while wrongful death lawsuits seek compensation for the victim’s family members.

Getting the Right Legal Help in Wrongful Death Cases

Finding the right Philadelphia Wrongful Death lawyer might look like a daunting task – but it certainly doesn’t need to be. As one of the most well-known law firms out there, Philadelphia Injury Lawyers P.C. offers a free consultation, expert attorneys, 24/7 client support, and full & fair compensation. Get in touch with us today!

Wrongful Death Lawsuit: Who Should Be Held Responsible?

Wrongful Death Lawsuit: Who Should Be Held Responsible?

The sudden demise of a loved one is a highly tragic experience. And when it happens due to another individual’s negligence or willful activity, it sure is devastating. Whenever a person’s demise is the cause of another individual’s negligence or some intentional action, the family of the deceased can plead for legal justice for the victim with a Philadelphia Wrongful death lawyer. However, the question is, who should be held responsible for the lawsuit to file against? This article will provide you with everything you need to know about who should be held liable for an individual’s sudden wrongful death.

The Person to be Held Responsible

Automobile Accidents

Accidents are prone to happen. It happens all the time throughout the world. However, suppose the accident happens because of the negligence of the driver or his irresponsibility, which causes the victim to pass away. In that case, the driver can be held responsible for the wrongful death of the victim. The causes of accidents in which the driver is liable are,

  • Exceeding Speed limit
  • Distracted driving
  • Intoxicated while driving
  • Irresponsible with the traffic regulations

Medical Malpractice

There are various cases where the physician or the nurse was not able to provide the necessary care to the victim in time, which resulted in the demise of the patient. In that case, the family members of the victim can approach a law firm and file a wrongful death lawsuit against the physician, nurse, or the hospital who is responsible for their carelessness.

Workplace Accidents

There are many cases of workplace accidents recorded in Philadelphia. Workplace Accidents can happen due to negligence of supervisors or colleagues. In the Industrial sector, whenever an accident occurs, it can be fatal, further leading to the demise of the victim. To handle these workplace Accidents, many lawyers have the experience of helping the family of the deceased to get compensation on their behalf. They can file a wrongful death lawsuit against the supervisor, colleague, or even the industry itself with the help of the right law firms.

Defective Products

A person can get sick and eventually die from consuming a defective product in many cases. If the autopsy report of the individual points toward the fact that the reason for the person being dead is the product he consumed, the family members of the victim can consult with attorneys and put together a lawsuit against the product manufacturer.

Criminal Activities

Criminal activities are happening every day throughout the world. Not even Philadelphia has become immune to this catastrophic problem. Suppose a person has been dead due to some criminal activities that he has nothing to do with. In that case, the surviving family members of the victim have the right to approach the right Attorney and file a wrongful death lawsuit against the criminal offender.

Conclusion

The wrongful death of a loved one is unbearable. However, to hold the other person or institution to be held liable for wrongful death, the person filing the lawsuit must have evidence to prove that the death was wrongful and happened due to the liable person’s irresponsibility or negligence. If you are looking for a wrongful death lawyer in Philadelphia, then approaching Philadelphia Injury Lawyers, P.C. will be the right decision.

How to Know Who is Entitled to a Settlement in a Wrongful Death Case

How to Know Who is Entitled to a Settlement in a Wrongful Death Case

In a wrongful death case, the injured party is not just the person who died. The deceased’s spouse, children, parents, and siblings may be entitled to compensation for their losses as well.

This article will explain how to determine who is entitled to compensation in a wrongful death claim.

Spouses and Parents

A spouse is legally entitled to receive compensation in a wrongful death case because they had a legal duty to care for each other during their marriage. A spouse also has a right to recover damages even if they were living separately from the deceased person at the time he or she died (if they were still legally married).

Parents are also entitled to recover damages under certain circumstances. For example, if one parent dies and leaves behind minor children who depend on them financially (such as paying rent), then their estate may be entitled to compensation from their wrongful death lawsuit.

Law firms will be better able to determine the difference in your particular case.

The Wrongful Death Statute

Every state has a statute that allows certain people to bring a wrongful death lawsuit against someone else who caused the death of their loved one. In most states, the statute allows spouses, children, parents, and siblings to recover damages when the decedent’s death was caused by negligence or intentional acts of another person or entity (like a company).

The amount of compensation they are entitled to recover varies from state to state. For someone to recover damages under the wrongful death statute, there must be some proof that:

  • the decedent would have lived if not for the defendant’s negligence or intentional conduct; and
  • the decedent had an expectation of life at the time of his injury or death (meaning he would likely have lived for more than six months had it not been for your actions).

Get a Philadelphia wrongful death attorney in such complex cases to represent your side of the story better.

Legal Obligations and Where They Do Not Apply

If you have been injured in an accident or lost a loved one, you may feel entitled to compensation for your pain and suffering, medical bills, and other damages. However, there are times when the person responsible for causing your injuries or death is not legally obligated to pay any damages.

In the case of wrongful death, certain circumstances determine who is entitled to compensation from the estate of a deceased person. You may be entitled to compensation if:

  1. You were injured in an accident that was caused by another driver’s negligence.
  2. The driver who caused the accident was intoxicated or driving under the influence of drugs at the time of the incident.
  3. You have suffered severe injuries because of someone else’s actions, such as those sustained during an assault or robbery.

You are highly recommended to seek the professional help of a Philadelphia wrongful death attorney or lawyer if you find yourself in any of the above situations.

In Conclusion

Philadelphia Injury Lawyers can help you out in these cases. We are a reputed law firm and our attorneys and lawyers are specialized in wrongful death cases. From investigative assistance to presenting the strongest case in court – you can leave it all to us.

Covid-19 and Life Expectancy in the U.S.

Covid-19 and Life Expectancy in the U.S.

Since the end of World War II, this has been the largest single-year decline in the U.S. Americans of color lost 2.9 years of life expectancy, compared to non-Hispanic blacks and whites, who lost three years. Among white people, there was a 1.2-year drop in lifespan.

According to newly released federal data, U.S. life expectancy dropped by a year and a half in 2020, continuing a worrying trend that began in the first half last year, when the coronavirus pandemic devastated the country.

Approximately 600,000 Americans have ended up dead from COVID-19 since the outbreak began. But there’s a more nuanced figure lurking behind that huge number that brings the human toll of the virus into sharper focus.

In comparison to a large number of deaths for a sufficient reason, researchers can predict the amount of “life years” lost due to it. This statistic holds life expectancy into account. An 80-year-old dies at the age of 50. They have lost 30 years. Looking at this statistic shows just how many lives have been cut short by the virus.

According to a Pew Research Center analysis of preliminary data from the Centers for Disease Control and Prevention, the coronavirus was responsible for approximately 380,000 deaths and 5.5 million years of lost life in the United States in 2020 alone. More life years are lost in a typical calendar year due to all accidents combined, including traffic accidents, drownings, shootings, and drug overdose and poisonings. The number of life-years lost in a typical calendar year due to liver disease or diabetes is more than triple that number of life years.

The significant number of lifespans lost due to COVID-19 in 2020 may not be highly praised because people ages 65 and older account for a massive proportion (approximately 80 percent ) of U.S. coronavirus deaths to date. Commentators say the public might think these seniors were already nearing their end of life anyway.

But life expectancy statistical data tells a different story. In reality, life expectancy rises with age. As per the United Nations World Population Prospects, infants born in the United States today may expect to live to be 79 years old, while Americans who are 65 today can survive longer to be 85 years old. Individuals who are now in their 80s might anticipate living into their 90s.

Covid-19 and Life Expectancy:

Essentially, the pandemic has taken the lives of many Americans who would have anticipated to live years or perhaps decades longer had it not been for the epidemic. Normal life expectancy for a person 65 years of age who dies from COVID-19 would have been 85 years. That’s a difference of two decades, or nearly a quarter of the average American’s total projected life span at birth.

Age-related variations in life expectancy are due to changes in the most frequent causes of mortality. A 65-year-old American will rarely die from violence, pregnancy problems, or congenital illnesses. Aside from COVID-19, older people are much more likely than younger Americans to die from heart disease and Alzheimer’s.

According to a study by the New York Times, nursing facilities are responsible for over a quarter of all coronavirus deaths in the U.S., even though they now account for just 4% of COVID-19 infections. This means those deaths could have been avoided. Losing a loved one can be a devastating experience, and seeking the help of a wrongful death attorney is the right choice when such an event takes place.

Elderly residents in nursing homes make up a big and dense population, many of whom have co-morbidities such as type 2 diabetes and high blood pressure. In most nursing homes, group activities are encouraged, such as common dining rooms, board and card games, and arts and crafts and fitness courses.

A disease like COVID-19 can spread through these activities, particularly when susceptible individuals before they even show symptoms. After learning of COVID-19’s risks, most nursing homes ceased or rearranged patients’ interactions with outsiders, although many residents were not safeguarded quickly enough.

Coronavirus can be transmitted to nursing home patients by nursing care staff who spend their days working at numerous different institutions and living in such confined spaces with other individuals. Staff aides can become COVID-19 positive and infect other nursing care residents without being aware that they are sick.

This study was done in a long-term skilled nursing home in Los Angeles by the U.S. Centers for Disease Control and Prevention (CDC). COVID-19 was detected in two people who had coronavirus symptoms at the time.

Asymptomatic persons (those who have COVID-19 and may infect others but do not show symptoms) and presymptomatic people disseminate COVID-19, making it extremely deadly and infectious. 

Many families may have lost loved ones during the pandemic, despite the efforts of the CDC and other health authorities to control COVID-19 in nursing homes. Families might be entitled to sue for wrongful death if a nursing home’s negligence contributed to COVID-19 fatalities and should seek the help of our experienced wrongful death attorneys.

Wrongful Death Lawsuit:

A wrongful death case may be filed whenever a family member dies due to someone else’s carelessness. However, it is even more painful when it appears that the death might have been averted by making reasonable efforts to prevent its occurrence.

Vehicle accidents and workplace accidents are common causes of wrongful death. A wrongful death case might also be filed if a person dies owing to inadequate precautions or care.

In the legal world, a wrongful death case falls under the heading of “personal harm.” A statute of limitations in every jurisdiction restricts time to pursue a nursing home coronavirus claim.

A few states have also enacted laws to prevent nursing facilities from being sued for nursing home fatalities. The guilty party may have to pay for various items in a successful lawsuit for wrongful death. These include the victim’s medical bills, their burial expenses, and their lost future wages.

An affected family may be entitled to compensation for the loss of a legacy, lost relationships or parental guidance, pain, and injury, as well as any damages associated with the circumstance and suffering. Some families have received substantial financial compensation due to the negligence of a third party, resulting in significant financial gain.

Have you lost a loved one due to the negligence of a nursing home facility? Do you wonder whether you can file a wrongful death lawsuit? Seeking the help of an expert wrongful death lawyer or a law firm is the best choice. Get in touch with a wrongful death attorney at Philadelphia Injury Lawyers for a free consultation.