Wrongful death is a tragedy that occurs when someone dies because of someone else’s negligence or intentional actions. While accidents happen, certain accidents can lead to wrongful death claims. These claims are typically filed by the surviving family members of the deceased to hold the responsible party accountable for their actions. In this blog post, we will examine the most common accidents that result in wrongful death lawsuits and why it is important to reach out to a wrongful death attorney Philadelphia PA depends on at the Wieand Law Firm for assistance.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action that can be taken by the surviving family members of a person who has died due to someone else’s negligence or intentional actions. These claims seek to hold the responsible party accountable for their actions and provide compensation to the surviving family members for their losses, including medical expenses, funeral costs, lost wages, and pain and suffering.
Wrongful death lawsuits can arise from a variety of accidents, including truck accidents, nursing home negligence, motor vehicle accidents, workplace accidents, and fires and carbon monoxide poisoning. A wrongful death claim can provide some measure of justice and closure for the surviving family members of the deceased. The wrongful death attorney Philadelphia PA relies on at the Wieand Law Firm provide trusted representation for clients pursuing a wrongful death case.
What are Common Types of Accidents that Result in Wrongful Death Claims?
There are several types of accidents that commonly result in wrongful death claims. One of the most common causes is truck accidents, which can occur due to driver fatigue, speeding, distracted driving, and mechanical failures. Another common cause is nursing home negligence, which can result from failure to provide adequate care and monitor medical conditions. Motor vehicle accidents are also a frequent cause of wrongful death lawsuits, including car accidents, motorcycle accidents, and pedestrian accidents. Workplace accidents, such as falls and electrocutions, can also result in wrongful death claims. Finally, fires and carbon monoxide poisoning can lead to wrongful death lawsuits if they occur due to someone else’s negligence, such as failure to install smoke detectors or properly maintain electrical systems.
Truck Accidents
Truck accidents are one of the most common causes of wrongful death claims. Due to their size and weight, trucks can cause serious damage when involved in an accident. The most common causes of truck accidents include driver fatigue, speeding, distracted driving, and mechanical failures. When a truck accident results in wrongful death, the surviving family members may be entitled to compensation for medical expenses, funeral costs, lost wages, and pain and suffering.
Nursing Home Negligence
Nursing home negligence is another common cause of wrongful death claims. Elderly residents of nursing homes are often vulnerable to abuse, neglect, and mistreatment. Negligence can take many forms, including failure to provide adequate care, failure to prevent falls, and failure to monitor and treat medical conditions. When a nursing home resident dies as a result of negligence, the surviving family members may be able to file a wrongful death lawsuit against the nursing home for compensation.
Motor Vehicle Accidents
Motor vehicle accidents are another common cause of wrongful death claims. Car accidents, motorcycle accidents, and pedestrian accidents can all result in wrongful death. The most common causes of motor vehicle accidents include distracted driving, drunk driving, speeding, and failure to follow traffic laws. When a motor vehicle accident results in wrongful death, the surviving family members may be entitled to compensation for medical expenses, funeral costs, lost wages, and pain and suffering.
Workplace Accidents
Workplace accidents are also a common cause of wrongful death claims. Workers in certain industries, such as construction, manufacturing, and transportation, are more likely to be involved in fatal accidents. The most common causes of workplace accidents include falls, electrocutions, and being struck by objects. When a workplace accident results in wrongful death, the surviving family members may be entitled to compensation for their losses.
Fires and Carbon Monoxide Poisoning
Fires and carbon monoxide poisoning are also common causes of wrongful death lawsuits. When a fire or carbon monoxide poisoning occurs due to someone else’s negligence, the surviving family members may be able to file a wrongful death claim. Negligence can take many forms, including failure to install smoke detectors, failure to maintain electrical systems, and failure to properly ventilate gas appliances. When a fire or carbon monoxide poisoning results in wrongful death, the surviving family members may be entitled to compensation for damages such as medical expenses, funeral costs, lost wages, and pain and suffering.
Who Can File a Wrongful Death Claim in PA?
In Pennsylvania, the person who can file a wrongful death claim is the personal representative of the deceased person’s estate. This is typically the executor or administrator of the estate, who is appointed by the court to manage the affairs of the deceased person’s estate.
The personal representative can file a wrongful death claim on behalf of the surviving family members of the deceased person, such as the spouse, children, or parents. The claim may seek damages for the loss of financial support, companionship, and other losses suffered by the family members because of the death. To see if you are eligible to file a claim, speak with a Philadelphia personal injury lawyer at the Wieand Law Firm for a free consultation.
How Long Do I Have to File a Wrongful Death Claim in PA or NJ?
In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person’s death. This means that the lawsuit must be filed within two years of the date of death, or it may be barred from being filed. There are some limited exceptions to this rule, but they are rare.
In New Jersey, the statute of limitations for filing a wrongful death lawsuit is also two years from the date of the deceased person’s death. However, there are some exceptions to this rule that may extend the time limit. For example, if the defendant has left the state or concealed their identity, the statute of limitations may be tolled until they can be located.
It is important to note that the statutes of limitations for filing a wrongful death lawsuit can vary depending on the specific circumstances of the case. It is always best to consult with an experienced wrongful death attorney Philadelphia PA trusts who can advise you on the specific deadlines that apply to your case. Waiting too long to file a lawsuit can result in losing your right to seek compensation, so it is important to act promptly.
Why Should You Hire a Wrongful Death Attorney Philadelphia PA Trusts?
If you have lost a loved one due to someone else’s negligence, it is important to reach out to a wrongful death attorney Philadelphia PA turns to for assistance. A Philadelphia personal injury lawyer can help you understand your legal options and navigate the complex legal process. They can also help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
A wrongful death attorney Philadelphia PA counts on can also help you determine the value of your claim. They can consider factors such as medical expenses, funeral costs, lost wages, and pain and suffering. They can also help you pursue punitive damages if the responsible party’s actions were particularly egregious.
Finally, a Philadelphia personal injury lawyer can provide you with emotional support during this difficult time. Losing a loved one is never easy, and the legal process can be overwhelming. Counsel from a wrongful death attorney Philadelphia PA counts on can help you navigate the legal process with confidence.
What are Some Examples of Wrongful Death Claim Awards?
A common type of wrongful death claim in Pennsylvania is medical malpractice, where a healthcare provider’s negligence or error causes the death of a patient. For example, a jury in Bucks County awarded $10 million in damages to the family of a man who died of a heart attack after his cardiologist failed to diagnose a blocked artery.
Another example of a successful wrongful death claim in Pennsylvania is a claim arising from a car accident caused by the negligence of another driver. For instance, a family was awarded $4 million after their daughter was killed in a car accident caused by a driver who was under the influence of drugs.
Wrongful death claims can also arise from workplace accidents or product liability cases. For example, the family of a man who was killed while working on a construction site was awarded $5 million in damages after it was determined that his employer had failed to provide proper safety equipment.
It’s important to note that the specific circumstances of each case can have a significant impact on the outcome, and the damages awarded may vary widely depending on the facts of the case. Successful verdicts and awards in previous cases are not a guarantee of success in future cases.
What is the Difference Between Wrongful Death Settlements and Jury Awards?
A wrongful death settlement is an agreement between the plaintiff (usually the personal representative of the deceased person’s estate) and the defendant (or their insurance company) to resolve the claim outside of court. The settlement amount is negotiated between the parties and may be paid out in a lump sum or over a period of time. Settlements are typically reached after some negotiation, and the plaintiff may be represented by a wrongful death attorney Philadelphia PA depends on throughout the process.
A jury award, on the other hand, is a decision made by a jury after a trial. If a wrongful death claim goes to trial, both sides present evidence and arguments to the jury, who then decide whether the defendant is liable for the death of the deceased person, and if so, what damages should be awarded. The amount of the jury award is determined by the jury’s decision and is not negotiable.
If a wrongful death claim goes to trial, there are several steps in the litigation process that are needed. These may include:
- Filing a Complaint: The plaintiff files a complaint in court, which sets out the allegations against the defendant.
- Discovery: Both sides exchange information and evidence through a process called discovery. This may include depositions, written interrogatories, and requests for documents.
- Pre-Trial Motions: Either side may file pre-trial motions, such as a motion to dismiss the case or a motion to exclude certain evidence.
- Trial: If the case proceeds to trial, both sides present evidence and arguments to a jury, who then decide the case.
- Post-Trial Motions: Either side may file post-trial motions, such as a motion for a new trial or a motion to set aside the verdict.
- Appeals: Either side may appeal the decision to a higher court if they believe errors were made during the trial.
It’s important to note that the litigation process can be complex and time-consuming, and the specific steps may vary depending on the laws of the state where the claim is filed. The wrongful death attorney Philadelphia PA counts on at the Wieand Law Firm handle wrongful death claims throughout Pennsylvania and New Jersey.
How Are Wrongful Death Settlements Paid Out?
Wrongful death settlements are typically paid out by the defendant or the defendant’s insurance company. The payment may be made in a lump sum or in installments over a period of time, depending on the terms of the settlement agreement.
In some cases, wrongful death settlements may be paid directly to the surviving family members of the deceased person, such as the spouse, children, or parents. In other cases, the settlement may be paid to the personal representative of the deceased person’s estate, who will then distribute the funds to the appropriate parties.
It’s important to note that the payment of wrongful death settlements may be subject to taxes. The tax treatment of a settlement will depend on the specific circumstances of the case, including the type of damages awarded and the structure of the settlement agreement. It may be helpful to consult with a tax professional to understand the tax implications of wrongful death settlements.
Contact The Wieand Law Firm Today About a Wrongful Death Claim
If you have lost a loved one due to someone else’s negligence or wrongful actions, you may be entitled to compensation through a wrongful death claim. The experienced attorneys at the Wieand Law Firm understand the devastating impact that a wrongful death can have on a family, and they are committed to helping you seek justice and hold those responsible accountable.
With a track record of success in handling wrongful death cases, the Wieand Law Firm has the knowledge and resources to provide you with the strong legal representation you need during this difficult time. Don’t hesitate to reach out to the Wieand Law Firm to discuss your case and learn about your legal options. Contact them today at (215) 666-7777 to schedule a free case review and consultation.
