After losing a loved one, a lawsuit is likely the last thing on your mind. Losing a loved one unexpectedly can change your life in ways you may have not considered. In addition to losing that person’s love and comfort, you also lose a lifetime of emotional and financial support.
If a person or corporate entity’s negligence caused or contributed to your loved one’s death, you may be entitled to compensation. A wrongful death lawsuit can not take away the pain of a loved one’s loss, but it can help ease the financial burden.
The compassionate Philadelphia wrongful death lawyers at Stark & Stark have a long history of helping surviving family members throughout Pennsylvania recover from unimaginable loss. If you unexpectedly lost a loved one in an accident caused by another’s fault, contact our Philadelphia wrongful death attorneys for a free case review to see if you may be eligible for compensation.
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What is a Wrongful Death Lawsuit?
Whenever a person sustains fatal injuries at the hands of another person’s wrongful actions or negligence, it may be considered a wrongful death. Wrongful deaths are usually caused by some sort of preventable, fatal accident. Examples include a fatal car accident caused by a distracted driver or a fatal injury on a construction worksite caused by a contractor who improperly installed scaffolding.
The Pennsylvania Wrongful Death Act allows the families of the deceased to seek justice for the harm they have suffered. When a wrongful death occurs, the surviving family of the victim has the right to file a claim to recover monetary losses, like medical bills, loss of income, and other potential damages. Our Philadelphia wrongful death attorneys can advocate for your rights, and fight to make sure you receive the financial support you may be entitled to in order to begin to find closure.
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Elements of a Wrongful Death Lawsuit
Wrongful death occurs when another party’s recklessness, negligence, or otherwise deliberate careless actions result in a fatality. To successfully establish that a wrongful death has occurred, an attorney must prove that the other party (defendant):
- Had a duty to the deceased to exercise reasonable care: This may include a nursing home facility where your parent was a resident, a physician who was treating your loved one in an official capacity, or a property owner of a facility where your family member worked.
- Violated their duty of reasonable care: For example, a nursing home facility failed to properly administer your parent’s medications, a physician made a catastrophic surgical error, or a property owner improperly installed scaffolding that caused your family member to fall
- Their failure to exercise reasonable care resulted in the death of the individual
Some of the most common circumstances in which a wrongful death can occur include the following:
Car Accidents: The United States Transportation Department‘s statistics show that in 2018 alone, there were 36,560 people killed in automobile accidents. Many of these accidents include speeding, drunk driving, drivers under the influence of drugs, or otherwise careless driving.
Workplace Accidents: According to the Bureau of Labor Statistics, there were 5,333 fatal workplace injuries in 2019, the most in any year since 2007. Work-related fatalities most commonly happened in occupations like transportation, construction, and law enforcement among others.
Medical Errors: Medical professionals commit fatal mistakes more often than most people assume. According to a John Hopkins study, medical malpractice is the third leading cause of death in America, following heart disease and cancer.
Drownings: Fatalities due to drowning can happen in water parks, residential and community pools, or other recreational areas and often occur due to inadequate safety measures.
Possible Compensation for a Pennsylvania Wrongful Death Lawsuit
In Pennsylvania, typically the deceased’s spouse, children, or parents are eligible to file a wrongful death lawsuit. A wrongful death lawsuit may result in compensation for the following types of losses:
- Medical expenses
- Funeral costs
- Loss of support or companionship
- Loss of financial contributions from the victim
- Pain and suffering
These are expenses you should not have to worry about while grieving the loss of a loved one.
Why Hire a Philadelphia Wrongful Death Lawyer?
When faced with an unthinkable tragedy like the sudden death of a loved one, it is important to have counsel on your side that understands the complexities of the legal process and will fight to protect your rights. Our Philadelphia wrongful death law firm will evaluate your case and the circumstances of the fatal accident to devise a legal strategy that will help you recover fair compensation for your losses.
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Our Philadelphia wrongful death lawyers have access to the investigative resources needed to obtain evidence that supports your claim, as well as the negotiation and litigation skills needed to hold all of the potentially liable parties responsible. You can count on Stark & Stark to help you find peace of mind during an immensely difficult time.
Our Philadelphia Wrongful Death Lawyers Have a Trusted Track Record
Our team of Philadelphia wrongful death lawyers is highly skilled in aggressive negotiations with responsible parties and their insurance companies. While every case has different facts and subsequent results, our team of personal injury attorneys is committed to delivering the best outcomes possible. If an insurance company refuses to settle, we are prepared to present your case to a jury if is the right solution.
To date, we have secured multiple multi-million-dollar settlements and verdicts for wrongful death clients. This includes $4.65 million for the family of an individual killed in a tractor-trailer crash.
Helpful Resources After the Unexpected Loss of a Loved One
After the traumatic loss of a close loved one, getting support can be an important part of the grieving process. Teens and children often deal with grief in very different ways than adults, and it can become difficult to comfort your children while you are also trying to manage your grief. A focused grief group can provide support and insight as you process the loss of your loved one.
- The Center for Loss and Bereavement
- The National Alliance for Grieving Children
- Pennsylvania General Bereavement Support Groups
Contact a Philadelphia Wrongful Death Attorney
If you lost a loved one at the hands of another’s negligent or careless actions, you need a compassionate legal representative who will also fight to protect your family’s rights and help you obtain justice. You will find just that at Stark & Stark’s Philadelphia office.
Reach out today to schedule a free case evaluation with one of our Philadelphia wrongful death lawyers.