The death of someone you love is never easy to accept. If you believe that their passing was preventable, it may be even harder for you to digest. If you have recently lost a family member or spouse, and you believe that their death happened due to the negligence or wrongdoing of another person/party, you may be legally entitled to seek damages in a wrongful death lawsuit. By working with a Philadelphia wrongful death lawyer, you can file a wrongful death claim for financial compensation that may be able to help you pay for the damages that resulted from the sudden and untimely passing of your family member. It’s important to talk to Philadelphia wrongful death lawyers if you lost a loved one and are going through this type of difficult, life-changing experience.
No amount of compensation can turn back time or prevent the omission or act that caused your loved one’s passing; however, a wrongful death lawsuit can help ease the financial burden of your loss while also holding the responsible party accountable for their negligent actions. Some important aspects to consider while filing a wrongful death lawsuit include understanding who can bring a wrongful death claim, under which circumstances a claim can be filed, and who can be held liable for the wrongful death of your family member.
Much like a personal injury claim, a wrongful death claim may include damages that are eligible for financial compensation. These include but are not limited to medical care costs, lost earnings, pain, suffering, and emotional turmoil. The difference between the two is that the wrongful death claim is being filed by a surviving family member of the deceased victim or a representative of the deceased person’s estate.
When Can Someone Bring a Wrongful Death Claim?
A wrongful death claim can be brought when the decedent (person who passed away) would have most likely been able to file a personal injury claim for their injuries and losses had they survived. Since they are no longer present and able to file a personal injury claim, a surviving family member or estate representative can file a wrongful death claim on their behalf. Some family members who are eligible to file a wrongful death claim include:
- Immediate family members
- Domestic/life partners
- Financial dependents
- Distant family members
- Estate administrators
- Representatives of minors
In order to bring a wrongful death claim on behalf of someone you love who lost their life, you must be able to prove three elements:
- Breach of Duty: Everyone has a legal duty of care to behave in a way that does not cause harm to other people. In a wrongful death case, you must be able to prove that the person or party at fault (defendant) owed your deceased family member a duty of care.
Examples of duty of care include:
- A person operating a vehicle on public roadways has a duty of care to those who are also traveling around/near them to follow traffic laws and not drive negligently. Common examples of negligent driving include distraction, intoxication, fatigue, and speeding.
- Doctors have a duty to exercise reasonable responsibility when caring for their patients in order to refrain from harming them.
- A property owner has a duty to safely and responsibly maintain their premises and repair any dangerous hazards that may potentially harm visitors.
- Product manufacturers have a duty of care to ensure their products are tested and safe for consumers.
Along with demonstrating the defendant possessed a duty of care to your loved one, you must be able to prove that they breached that duty of care. For example, if your family member lost their life in a car crash, your wrongful death claim would need to demonstrate the fact that the other driver had a duty to operate their vehicle in a safe and responsible manner, and failed to do so, which directly resulted in the fatal injury of your loved one.
- Negligence & Causation: Those who wish to bring a wrongful death case must also be able to show the deceased victim’s passing was directly caused by the negligence, recklessness, and/or carelessness of the defendant (person at fault.) In other words, the person at fault breached their duty of care, and it caused the death of the victim. If the defendant is found to be responsible for the death of the deceased victim, they are able to be held legally liable for any/all damages suffered by the victim and the victim’s family.
- Listing Damages: The final elements of a wrongful death claim are the damages that resulted from the passing of your family member. The death of the victim must have led to damages such as:
- Medical care costs
- Hospital expenses
- Lost wages
- Funeral costs
- Burial expenses
- Pain
- Suffering
- Loss of companionship
- Loss of consortium
Sometimes, those bringing the wrongful death claim may also be able to collect punitive damages. These are meant to directly punish the person at fault and discourage any future wrongdoing. These types of damages are more common in cases that involve intoxicated driving or gross negligence.
Proving any/all of these elements in a wrongful death suit usually calls for strong evidence of each point. Some cases will require additional proof such as an expert testimony or a witness statement. This is why many surviving family members choose to work with a Philadelphia wrongful death lawyer who can help them successfully file a wrongful death lawsuit.
It is important to note that the death of the victim does not have to be intentional or maliciously caused in order for you to successfully file a wrongful death claim. The at-fault party just needs to have been negligent or careless in their duty of care to the victim. Several wrongful death cases result from car crashes where a driver was negligent in operating their vehicle which resulted in the accidental death of another person.
If you have recently lost a loved one in an accident that you believe was caused by the negligent actions of another person or party, contact a wrongful death attorney as soon as you can to learn more about your existing legal rights as the surviving family member of a wrongly deceased individual.
