A wrongful death occurs when a person’s life is lost due to the negligence or misconduct of another person, government agency, or corporation. The death of a loved one is always traumatic and painful. When the death could have been prevented the grieving process is even more difficult. You’ve been robbed of a relationship that can never be replaced. In Pennsylvania and New Jersey you may be able to file a wrongful death claim when a family member dies because of the negligence of another party and receive financial compensation to which you and your family are entitled.
Causes of Wrongful Death Claims
A wrongful death claim may arise out of many types of incidents, including but not limited to:
- Traffic Accidents
Drivers who are distracted by a cell phone, under the influence of alcohol or drugs, or driving recklessly could be held liable in a wrongful death claim if their negligent behavior causes a fatality. Traffic accidents can involve motor vehicles, pedestrians, bicyclists, or trucks.
- Nursing Home Neglect
Nursing homes are required to conduct safety assessments and identify each patient’s particular needs for assistance. Unfortunately, many nursing homes do not make safety a priority and their failure to do so can and does result in unnecessary deaths. If a nursing home has failed to provide proper care to a resident that results in death, a legal case may be filed by the family for wrongful death.
- Medical Malpractice
When a loved one passes away because of a doctor’s medical mistake, the victim’s family is able to file a wrongful death claim. Medical malpractice can include failing to diagnose a condition, misdiagnosing a condition, prescribing or administering the wrong medication or the wrong dosage, or making a fatal error during a treatment.
- Construction Accidents
Construction workers know there are risks involved with working in this industry, but that doesn’t mean they should have to work in potentially fatal conditions. If a loved one is killed on a construction site, you may be able to file a wrongful death claim against the construction company, general contractor, property owner, or equipment manufacturer.
- Other wrongful death claims arise after someone intentionally harms another person while committing a crime. In this case, the defendant may face both criminal and civil penalties that are completely independent of one another. The outcome of the criminal case would not affect the outcome of the civil case, and vice versa.
Compensation For Victims’ Families.
While no amount of money can replace a loss of life or undo emotional upheaval, our attorneys will work relentlessly to help you get all the compensation to which you may be entitled, including payments for pain and suffering, emotional trauma, burial and funeral expenses, medical expenses, hospital stays, lost income and future earnings.
As your personal injury lawyers, we represent you on a contingency fee basis, which means that you do not have to pay us any legal fees unless and until you win your case. If we win, we are paid a percentage of your recovery as our fee. If you don’t win, you owe us no fees. Unless we agree otherwise, if you don’t win, you owe us no costs either.
Going to Trial
Most cases settle out-of-court; however, if the parties in a wrongful death case cannot agree to an out-of-court settlement, the case will proceed to trial in a court of law. This can be a lengthy process. This can be in a state or federal trial court, although most wrongful death lawsuits are heard in state court, and the decision is subject to review by an appeals court. Adam Soll will be with you the entire way through this process.
If have questions surrounding the death of a loved one you may be entitled to compensation. CALL US to schedule a free consultation.