Tag Archives: Wrongful death

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.

Most Common Types of Wrongful Death

When a person dies as a result of a wrongful act caused by another individual, this is known as wrongful death. Wrongful deaths can be caused by a number of situations. If you’ve lost your loved one due to the misconduct of another, then you have the right to ask for compensation for your financial losses and pain & suffering.

Common Types of Wrong Death Cases

Car Accidents

When it comes to wrongful death, vehicle accident is one of the most common cause. There are average hundreds of car accidents happen every day in Philadelphia. Those crashes lead to fatalities. Car accidents usually result from speeding, reckless driving, distracted driving, road defects, road repair activities, auto defects, and drunk driving.

Truck Accidents

Truck accidents are different from car accidents. Trucks are larger as compared to other vehicles and are more likely to cause death in case of a crash. There are many ways semi-trucks can cause wrongful deaths including aggressive driving, driver error, driving with an overweight load, truck company negligence, mechanical defects, driving during adverse conditions, and drunk driving.

Motorcycle Accidents

Motorcycle accidents happen when drivers fail to notice of motorcycle drivers. Brain injuries, back injuries, neck injuries, spinal cord injuries, paralysis, burn injuries, and broken bones are some of the common injuries caused by these types of accidents.

Workplace Accidents

Workplace accidents usually happen at common sites like mines, manufacturing plants, and construction zones. Employees working under dangerous conditions are prone to fatal work-related accidents. Some of the most frequent work-related accidents include falls, electrocutions, being caught in machines or materials, and being struck by an object.

Drowning Accidents

A drowning accident may occur in the city. It could be your relative’s home or your friend’s place. If a pool was not secured, the owner may be at fault for that accident and could be held liable in a wrongful death claim.

Defective Products

A defective product is inherently dangerous to its user when used correctly. Using such products can be dangerous. Defective products include defective drugs, defective vehicles, defective children’s products, and toxic food. Manufacturers should make sure that their products are safe for users. If a manufacturer creates a defective product that causes danger to its user, the manufacturer will be responsible for any deaths associated with the defective product.

Medical Malpractice

In most cases, health professionals perform their job duties well. Medical malpractice occurs when a patient is suffered due to the negligence of a medical provider. These accidents may occur due to misdiagnosis, surgical errors, or even medical errors.

If a loved one has died due to an accident, you can pursue your legal options. Reach out to a professional Wrongful Death Attorney or Lawyer!

 

Most common Types of Personal Injuries you can claim for

There are seemingly infinite ways you can be injured. You can be injured in a fight with another person, in an attack by an animal, on a bicycle, in a car, on a boat, due to your own confusion or dizziness, or due to a medical professional’s negligence. Between your lost wages, your medical bills, and simple, often overlooked expenses like mobility aids, over-the-counter pain medication, bandages, and the need for in-home domestic help, being injured can be expensive.

Do not shoulder the financial burden of your injury alone. If another party was responsible for your injury, even partially so, you can seek compensation for your damages from that party’s insurance provider through a personal injury claim. In Philadelphia, a personal injury victim may recover compensation for his or her damages as long as his or her fault does not exceed the other party’s percentage of fault for the accident. In other words, if you are deemed to be 30 percent at fault for your accident, you may recover compensation. If you are deemed to be 51 percent or more at fault, you may not. But if you are 50 percent or less at fault for your accident, the total amount of compensation you may receive is reduced accordingly. In a case where a victim seeks $100,000 in compensation but is deemed to be 30 percent at fault, he or she may only recover up to $70,000 in compensation.

Learn more about Personal Injury Claims.

Below are three common ways victims are injured through others’ negligence.

CAR ACCIDENT INJURIES

Most of us drive our cars every day. When you are a driver or passenger in the car, you share the road with other cars and passenger vehicles, motorcycles, commercial trucks, buses, and pedestrians and bicyclists. When any other party on the road breaks the posted traffic laws or acts recklessly, you and other motorists can be injured. A few examples of reckless behavior on the road include:

  • Driving drunk or under the influence of another drug;
  • Using a cell phone while driving;
  • Driving tired; and
  • Driving in an aggressive manner.

Many different injuries can result from a car accident, like broken bones, burns, traumatic brain injuries, and cuts.

SLIPS, FALLS, AND OTHER PREMISES – RELATED INJURIES

Property owners have the responsibility to keep visitors to their property safe by removing any hazards on the property. Generally, these hazards put visitors at risk of slips and falls, but they can also be items or conditions that put visitors at risk of being burned, electrocuted, or injured from a falling or projectile object. Examples of common premises hazards include:

  • Broken stairs and handrails;
  • Frayed electrical cords;
  • Unsecured carpets;
  • Broken sidewalks;
  • Sinkholes; and
  • Open flames.

MEDICAL MALPRACTICE INJURIES

We trust doctors and other healthcare providers to work diligently and warn us of potential complications and risks associated with our health conditions and treatments. When a healthcare provider does not uphold his or her responsibility to explain medical risks to patients, test them thoroughly to obtain accurate diagnoses and create appropriate treatment plans, or to obtain each patient’s consent before performing medical procedures, he or she may be held liable for the patient’s damages related to an act of medical malpractice. A few examples of healthcare provider negligence include:

  • Diagnosing a condition incorrectly;
  • Giving a patient the wrong type of medicine for his or her condition or an incorrect dosage;
  • Failing to warn a patient of the risks associated with his or her treatment before performing the treatment; and
  • Failing to perform medical treatments with sterile equipment or in a sterile environment, putting the patient at risk of developing an infection.

SEEKING COMPENSATION FOR DAMAGES FOLLOWING A PERSONAL INJURY

With any personal injury claim, the claimant needs to prove the following:

  • Another party had the duty to protect the victim from harm, even if that duty simply meant following the posted traffic signs;
  • Because of the negligent party’s actions, the victim suffered an injury; and
  • Because of his or her injury suffered in the accident, the victim suffered specific economic damages.

You can prove these facts through evidence. Photographs of the accident, your medical record, the official police report for the accident, your pay stubs showing time out of work, and testimonies from witnesses to the accident are all pieces of evidence you can use to support your claim. Your lawyer can help you obtain the evidence you need and use it effectively.

WORK WITH AN EXPERIENCED CLINTON PERSONAL INJURY LAWYER

If you have been injured in any type of accident caused by another party’s negligence, you could be entitled to recover monetary compensation for your damages through a personal injury claim. To learn more, set up your initial consultation with a member of our team of experienced personal injury lawyers at Philadelphia Injury Lawyers Law Firm. We are here to answer your questions and advocate for you as you proceed with your personal injury claim.