Wrongful Death Attorney Philadelphia
In most personal injury cases, the victim can sue for damages, including medical expenses, the cost of subsequent medical treatments or additional surgeries, physical therapy, prescription medications, pain and suffering, and lost wages from missed time at work. Unfortunately, some victims die because of another person’s carelessness. In those circumstances, their surviving loved ones may wish to pursue a wrongful death claim against those responsible.
Wrongful death cases are similar to other personal injury lawsuits, but the victim’s family may also pursue compensation for the money their departed loved one would have provided to the family between the time of death and the end of his or her life expectancy.
This does not only extend to financial recompense for lost paychecks – the victim’s family can also claim damages for the services the departed would have provided to them, including guidance and moral upbringing of children.
How to Win a Wrongful Death Lawsuit
As with other personal injury claims, the plaintiff (in wrongful death cases, the plaintiff will usually be a loved one or appointed representative of the deceased) must prove negligence on the part of the defendant. This involves establishing three things as true:
- The defendant owed the victim a duty to act with reasonable care. This may mean an employer’s obligation to furnish employees with a workplace free of hazards or dangerous conditions or a motor vehicle operator who should know to follow traffic laws.
- The plaintiffs breached this duty by some action or inaction. If an employer knew about a workplace hazard and failed to address it in a timely manner and the hazard results in an employee’s death at no fault of the employee, then the employer may be responsible for the victim’s death.
- This breach of duty directly resulted in the victim’s death. The death of victim may not always be immediate. In some cases, the victim may contract an illness or suffer from serious injuries from which they cannot recover, and they ultimately die. If a court determines they died due to injuries sustained from the defendant’s negligence, the court will hold the defendant accountable for the victim’s death.
While this may seem like a straightforward process, wrongful death cases can quickly become complicated when victims die immediately from the circumstances of their fatal incident, or if they are otherwise unable to provide testimony before their death. In some situations, a victim may suffer for a prolonged period after their incident, and cannot recover. The cost of ongoing, critical medical treatment can be astronomical.
Dealing with the death of a loved one or family member is never easy for anyone. Wrongful death cases can make an already difficult situation even more stressful. To obtain justice and fair compensation for the victim’s death, the surviving family members will have to gather documentation to prove their expenses, the financial security that their deceased loved one would have provided had he or she survived, and myriad other pieces of evidence.
Professional Legal Assistance in Philadelphia
This process is arduous and having reliable, compassionate legal representation will make the process much more bearable. The legal professionals at Ciccarelli Law Offices have extensive experience with personal injury and wrongful death cases in the Philadelphia area, and we work tirelessly on behalf of our clients.
The surviving loved ones of someone who wrongfully died should be given time to mourn and readjust to their lives. The legal issues of wrongful death cases are complex, so turn to an attorney who will explore every possible avenue for compensation and who will hold the responsible parties accountable for their negligence. Reach out to the personal injury lawyers at Ciccarelli Law Offices if you have any questions about wrongful death law or want to start reviewing a case today.