Philadelphia Wrongful Death Lawyer
When you lose a loved one because someone acted negligently, you have the right to file a wrongful death claim. The success of such a claim depends on many factors, including the skills of your legal team.
An experienced Philadelphia wrongful death lawyer could handle all legal actions and give you the time you need to grieve. One of our personal injury attorneys could help you recover full compensation for the suffering caused by your loved one’s untimely passing.
Negligence That Leads to Wrongful Death
Negligent actions are the foundation of a wrongful death claim. To prove that negligence occurred, a wrongful death attorney in Philadelphia would need to demonstrate four contributing factors:
Duty of Care
The attorney must show that the at-fault party owed the deceased a legal duty of care. This means the defendant had a legal obligation to act responsibly. For example, a doctor who is providing medical care has a legal duty of care to the patient.
Breach of Duty
The next step is to demonstrate that the at-fault party breached this duty of care. For example, a property owner failed to fix a staircase, which caused the person to fall down the stairs.
Causation
The lawyer has to establish that the breach of duty directly caused the person’s death. This involves linking the negligent act to the fatal outcome with evidence. For example, a mistake made by the surgeon led to fatal complications.
Damages
To demand compensation, the legal team has to show that the death resulted in specific damages. For example, emotional suffering endured by surviving family members or loss of inheritance.
Damages in a Wrongful Death Case
Once an attorney proves the existence of negligence, the decedent’s family members can recover several types of damages. Some of them include:
- Reimbursement for medical costs (e.g. hospital bills, emergency care) that were incurred before the person’s death.
- Compensation for the physical pain and emotional distress experienced by the deceased before passing.
- Compensation for the expenses associated with laying the deceased to rest, including funeral services and burial or cremation fees.
- Recovery for the financial support the deceased would have provided to their family, both right now and in the future.
- Damages for the emotional pain and suffering caused by the loss of a loved one.
- Recovery for the loss of financial benefits the deceased would have contributed, such as a retirement fund or inheritance.
- In cases of extreme negligence or intentional harm, courts may award punitive damages to punish the wrongdoer.
An experienced wrongful death lawyer in Philadelphia can help collect evidence to back all the above damages. This involves investigating the incident, issuing subpoenas for documents, and working with witnesses. In some cases, the attorney may need to hire expert witnesses who can testify about the extent of the damages.
Talk to a Competent Wrongful Death Attorney in Philadelphia Today
Initiating legal action while dealing with grief can be hard. However, ignoring your right to compensation may not be wise. If your loved one died because of another person’s negligence, you can delegate all legal steps to a skilled Philadelphia wrongful death lawyer.
At Garces, Grabler & LeBrocq, we fight hard to bring grieving families financial relief. To schedule a free consultation with our team, please call at any time.