The death of a loved one results in unbelievable emotional turmoil and, adding to that, can be extremely expensive as well.
Wrongful death law is intended to shift the financial burden of a wrongful death from the loved one’s survivors to the party that caused the death.
If you’re not sure where to start in your search for a Philadelphia wrongful death lawyer and have questions, see if you can answer yours here.
What Is a Wrongful Death?
In Pennsylvania, a death may be ruled wrongful if it is “caused by the wrongful act or neglect or unlawful violence or negligence of another.”
That is, a death is wrongful when it occurs because of the unlawful actions (or negligence) of another person (or party).
What Are Some Common Causes of Wrongful Death?
There are many causes of wrongful death in Pennsylvania (and elsewhere). Among the most common are motor vehicle accidents, medical malpractice, workplace accidents, and defective products.
With that said, there are many other common causes, including airplane and train accidents, premises liability/accidents, animal attack, nursing home neglect, and even recreational activities like sports.
Who Can Bring a Wrongful Death Case?
According to 42 PA CSA 8301, only the victim’s spouse, parents, or children can bring a suit for wrongful death; in some instances, even adult children who were dependent on the victim may be able to bring a claim.
What Is the Difference Between Wrongful Death and Negligence?
The two are not mutually exclusive, but they are not the same, either. Negligence is a condition that arises when an individual (or party) does not act in accordance with reasonable care. If negligence causes a death, that death may be considered wrongful.
Are Wrongful Death and Medical Malpractice the Same?
Wrongful death and medical malpractice are not the same, but medical malpractice can arise in wrongful death. As with negligence, the two are not mutually exclusive.
Is There a Statute of Limitations on Wrongful Death in Philadelphia or Pennsylvania?
Yes, there actually is a statute of limitations on wrongful death in Pennsylvania. According to 42 PA CSA 5524, the statute of limitations is two years from the date of the death (with some exceptions, contact a Philadelphia wrongful death lawyer for more details).
How Do Lawyers Prove Damages in a Wrongful Death Suit?
For wrongful death to be proven, attorneys must prove an expected lifespan beyond the date of the death as well as the fault of the party that caused the death.
Must Damages Necessarily Be Financial?
Damages recovered will be in the form of money, but in some cases, the damages incurred might come in the form of emotional pain and suffering that arose as a result of the untimely and wrongful death.
Which Philadelphia Wrongful Death Lawyer Should I Contact?
Consider Tom Bosworth Law. His firm offers free case consultations and Tom Bosworth himself has been recognized by the National Trial Lawyers as one of the “top 40 under 40.”
Get in touch with his legal team today. Help for you and your family may be within reach.