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Wrongful death 101

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Wrongful death claims are filed after someone dies because of another person's or organization's negligence. If you have had the experience of losing someone close to you and want to consider your legal options, we encourage you to contact us to schedule a free evaluation.

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Wrongful death 101

  1. 1. WRONGFUL DEATH 101 WHAT WE MEAN BY “WRONGFUL DEATH”
  2. 2. MORE THAN LEGAL JARGON Wrongful death claims are filed after someone dies because of another person’s or organization’s negligence. For example, if a careless driver strikes and kills a pedestrian, a wrongful death claim can be filed by the surviving family members to receive compensation for the damages they’ve experienced. CALL FOR A CASE EVAULATION: 1-800-529-6600
  3. 3. DIFFERENCE BETWEEN WRONGFUL DEATH AND CRIMINAL CHARGES You might be wondering why these claims are necessary. Isn’t the law supposed to deal with people whose actions lead to someone else’s death? Here’s the difference… Wrongful death claims are civil actions in which survivors pursue monetary compensation for their losses, while criminal charges deal largely with punishing someone who willfully caused another person harm. Family members can file a wrongful death claim regardless of whether a person willfully caused their loved one’s death or did so simply because of negligence. In fact, it is often the latter which leads to wrongful death claims. CALL FOR A CASE EVAULATION: 1-800-529-6600
  4. 4. WRONGFUL DEATH VS. SURVIVAL ACTION In Pennsylvania, there are two types of legal actions that can be pursued after someone dies because of negligence. The first is wrongful death, in which the deceased’s heirs file a claim for the damages they have suffered.Those damages include loss of companionship and parental guidance, in addition to costs like medical and funeral expenses. The second is a survival action, in which the responsible party is held accountable for the damages experienced by the deceased.Those damages include the victim’s pain and suffering and the loss of future earnings. CALL FOR A CASE EVAULATION: 1-800-529-6600
  5. 5. ELEMENTS OF A WRONGFUL DEATH LAWSUIT While every case is different, there are generally three factors that exist before someone files a wrongful death claim… A person died. Someone’s negligence caused the death. Surviving family members suffered a financial injury as a result. CALL FOR A CASE EVAULATION: 1-800-529-6600
  6. 6. WRONGFUL DEATH IN VEHICLE ACCIDENTS Wrongful death claims often involve car accidents.That’s because every year more than 35,000 people die in crashes, and most crashes are caused by human error.When someone dies at the hands of a negligent driver, family members might file a claim against the driver for damages. CALL FOR A CASE EVAULATION: 1-800-529-6600
  7. 7. WRONGFUL DEATH ON CONSTRUCTION SITES Wrongful death can also occur in the workplace.These fatalities are most common in sectors that are notoriously dangerous for workers, such as construction. A construction worker’s death might involve the negligence of many different parties.Thus, a claim could include action against employers, site owners, contractors and/or equipment manufacturers. CALL FOR A CASE EVAULATION: 1-800-529-6600
  8. 8. WRONGFUL DEATH AND MEDICAL MALPRACTICE Every year, more than 250,000 people in the U.S. die from medical error. While not every case of error is considered malpractice, these mistakes may constitute malpractice when a medical professional deviates from accepted standards of providing healthcare. When medical malpractice leads to a patient’s death, a wrongful death claim can be filed. CALL FOR A CASE EVAULATION: 1-800-529-6600
  9. 9. WRONGFUL DEATH IN NURSING HOMES When a nursing home resident dies because of neglect or abuse from that facility’s staff, family members can file a claim to hold that nursing home responsible for the death. Here are a few examples of how negligence in nursing homes might lead to a resident’s death… Prescribing an incorrect dosage of medication Allowing a cognitively impaired resident to leave the premises Failing to monitor and adequately treat a medical condition Failing to provide residents with proper nutrition and hydration. CALL FOR A CASE EVAULATION: 1-800-529-6600
  10. 10. CHOOSING A WRONGFUL DEATH ATTORNEY Choosing the right attorney is incredibly important. When choosing an attorney to handle a wrongful death claim, consider the attorney’s…  Experience in wrongful death trials  Experience with your specific case type  Willingness to work on a contingency fee basis  Responsiveness to your concerns and questions. Many firms offer free consultations.Take advantage of that consultation to speak with an attorney about their track record, gauge how comfortable you feel with them and determine how confident you are in their ability to accommodate your needs. CALL FOR A CASE EVAULATION: 1-800-529-6600
  11. 11. SCHEDULE A FREE CONSULTATION WITH WAPNER NEWMAN TODAY Our team of Philadelphia wrongful death attorneys have years of experience handling these types of claims. If you have had the unfortunate experience of losing someone close to you and want to consider your legal options, we encourage you to contact us today to schedule a free consultation. CALL FOR A CASE EVAULATION: 1-800-529-6600

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