Assault and Battery Wrongful Death

If your loved one was killed during an assault and battery incident, a wrongful death lawyer at the Wieand Law Firm can file a wrongful death lawsuit for damages. Victims of assault and battery have the right to sue their attackers for financial compensation. This lawsuit is separate from a criminal complaint and the assailant does not need to be convicted to pursue the civil claim. The lawyers at our firm understand the toll that death from assault and battery take on the surviving family. A wrongful death lawyer can represent the family in civil court during this difficult time, allowing family members to focus on moving forward after an unexpected, wrongful death.

What are Possible Damages in a Wrongful Death Claim?

Victims of assault and battery may be entitled to financial compensation if the assailant attack is found to have caused the victim’s death.  Awards for damages may include:

  • Medical expenses incurred from the accident prior to the victim’s death
  • Lost wages and earning capacity up to the time of the victim’s anticipated retirement
  • Pain and Suffering
  • Loss of companionship
  • Funeral and burial expenses

The lawyers at the Wieand Law Firm may use expert testimony from economists to establish the surviving family members financial losses. This testimony can help support the plaintiff’s calculations of financial damages.

Who Can Be Awarded Damages in a Wrongful Death Claim?

Each state has its own laws regarding who can receive damages in a wrongful death claim. In Pennsylvania, surviving spouses, children, and parents may be eligible for compensation. Damages from wrongful death lawsuits are paid directly to survivors, not to the victim’s estate. Therefore, the compensation is not subject to inheritance, estate, or income taxes.

In many wrongful death claims, the compensation must be divided between multiple surviving family members. These monies are split and distributed based on Pennsylvania’s Intestate Succession laws. A wrongful death lawyer is knowledgeable about these laws and can provide competent legal representation in a wrongful death claim.

Can a Third-Party be Liable for a Wrongful Death from Assault and Battery?

A wrongful death lawyer can advise you if a third-party may have liability for your loved one’s wrongful death from assault and battery. If a third-party had a legal duty of care to the victim and was negligent in fulfilling that duty, they may have liability. Examples of a third parties who may be defendants in a wrongful death lawsuit include:

  • Security guard companies that fail to properly train and supervise employees
  • Employers that fail to provide a safe work environment
  • Building owners who owe visitors a duty of care to keep the property safe

Contact a Wrongful Death Lawyer from the Wieand Law Firm, LLC Today

If you have suffered from a family member’s wrongful death from assault and battery, legal representation can help you recover from the losses you have endured. A wrongful death lawyer at our firm is available for a free consultation and legal review of the circumstances surrounding the incident. Contact us at 215-666-7777 or send us a message to speak directly to an attorney. Our lawyers work on a contingency fee basis, so our clients don’t pay any fees unless we are able to obtain them compensation.

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