Philadelphia Wrongful Death Lawyers
Losing a loved one is one of the hardest things a person can endure. Knowing that death was entirely preventable is maddening. If you lost a loved one due to someone’s negligence or misconduct, the Philadelphia wrongful death law firm of Cousin Benny Personal Injury can help your family demand the justice they deserve.
Our wrongful death and personal injury attorneys know how to help during this difficult time. We know you are grieving and need someone who can stand up to protect your rights and your loved one’s legacy. Contact us today to schedule a complimentary consultation and discuss your legal options.
What Is a Wrongful Death Lawsuit?
Pennsylvania law defines a wrongful death as one that is caused by “the wrongful act or neglect or unlawful violence or negligence of another” if the injury victim had not already obtained compensation for their losses during their lifetime. If the victim would’ve had the right to file a personal injury claim if they had survived the incident, this right passes on to certain family members to hold the responsible party accountable for the death.
Under Pennsylvania’s wrongful death law, both negligent and criminal behaviors can qualify as the cause of a wrongful death. For example, a wrongful death could be due to assault, nursing home abuse, or murder. Motor vehicle accidents are a common reason for filing wrongful death lawsuits in Pennsylvania.
Wrongful death claims are a form of civil litigation. As such, they seek financial compensation for the decedent’s death. There are no criminal penalties connected to these cases, but some wrongful death cases involve criminal acts that are prosecuted through a separate criminal trial.
How Can the Wrongful Death Attorneys at Cousin Benny Personal Injury Help with Your Case?
At Cousin Benny, we understand that all you want is to have your loved one back. While we can never achieve this, we hope to provide you and your family with a sense of justice. We seek to ease the financial burden brought on by a sudden loss..
Our legal team has more than 30 years of collective experience. When you hire us to handle your wrongful death claim, we:
- Thoroughly investigate your case to determine how the death occurred and identify who may be responsible
- Review medical records, toxicology test results, accident reports, police crash reports, and other evidence of wrongdoing
- Interview witnesses who observed the events leading up to the fatal accident
- Handle communications with the at-fault party and insurance companies on your behalf
- Offer you legal advice tailored to your particular situation and objectives
- Negotiate for fair compensation when you seek an out-of-court settlement
- File a Philadelphia wrongful death lawsuit on your behalf
- Represent your legal interests at all court appearances
We offer free, no-obligation consultations, so you can learn more about your legal rights when you call.
What Are the Most Common Causes of Wrongful Death?
While wrongful death cases can involve criminal or intentional behavior, it is usually due to an accidental injury. Common causes of wrongful death cases include:
- Car accidents: Car collisions are a leading cause of wrongful death claims.
- Motorcycle crashes: Even at slow speeds, a motorcycle accident can be deadly. If you lost a loved one in a fatal motorcycle crash, we can identify the at-fault party and pursue maximum compensation from them.
- Truck accidents: Truck drivers, trucking companies, cargo loading companies, and other parties may be responsible for deadly tractor-trailer accidents.
- Pedestrian accidents: Pedestrians can be run over and killed in traffic collisions.
- Premises liability accidents: Premises liability refers to accidents that occur on someone’s property, including fires and gas explosions, drowning accidents, and slips and falls.
- Construction accidents: Construction crane accidents, falls from heights, and motor vehicle collisions on construction sites are other leading causes of wrongful death claims.
What Compensation Can We Seek Through a Wrongful Death Claim?
A wrongful death lawsuit can seek justice for survivors who have suffered grief, emotional distress, and trauma due to the unexpected loss of a loved one. It can also demand compensation for the financial burden these circumstances caused the surviving family, such as funeral expenses and final medical bills.
Damages the court can award in wrongful death cases include:
- Funeral and burial expenses
- Hospital bills
- Nursing expenses
- Medical expenses
- Administrative expenses
- Grief
- Loss of companionship
Pennsylvania law allows claimants to seek punitive damages when the defendant’s actions are malicious, wanton, willful, or oppressive, exhibited an evil motive, or showed reckless indifference to the rights of others, and the court wants to punish the defendant or deter similar conduct in the future.
Who Can File Wrongful Death Lawsuits in Pennsylvania?
Under Pennsylvania law, wrongful death cases are brought only for the benefit of the spouse, children, or parents of the decedent. If none of these parties exist or is eligible to file a wrongful death case, the personal representative of the estate can file an action to recover damages.
Any damages recovered as part of a wrongful death action are distributed to the beneficiaries in proportion to how they would receive funds if the decedent died with no will.
Difference in a Wrongful Death Case and Survival Action
An eligible family member brings a wrongful death case to seek compensation for the harm the surviving family has suffered because of the premature death. A survival action is filed by the personal representative to seek the losses the injury victim sustained between the time the victim was injured and when they died.
Difference in a Wrongful Death Case and a Criminal Case
A criminal case seeks to punish a wrongdoer for violating the laws of the state or federal government. The prosecution files the case against the defendant, but the prosecutor represents the public’s interests, not the victim’s. As such, they may choose to dismiss or reduce the charges against the defendant.
In a wrongful death case, the focus is on compensating the victim’s family for their losses. Most wrongful death cases are brought under a legal theory of negligence, which requires showing the following:
- The defendant owed your loved one a duty of care.
- The defendant breached the duty of care.
- The breach of duty caused your loved one’s death.
- You suffered damages as a result of the death.
Evidence That Can Help Prove Wrongful Death
As the plaintiff in a wrongful death case, you will have the burden of establishing your legal claim by the preponderance of the evidence, meaning that the facts are more likely than not as you allege. Evidence that might help you meet this burden could include the following:
- Video footage of the fatal accident, including from dash cams, business surveillance cameras, or witnesses’ camera phones
- Photos of the accident
- Accident reports and police reports
- Witness statements
- Company records
- Proof of financial losses, such as burial and funeral expenses, medical bills, and counseling bills
- Medical records and other proof of fatal injuries
- Toxicology reports that indicate impairment at the time of the accident
- Autopsy reports and death certificates
- Testimony from expert witnesses, such as medical experts, economists, vocational experts, and others
An experienced wrongful death attorney can help preserve valuable evidence to prove your claim.
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Who Can Be Held Liable in a Wrongful Death Case?
When someone fails to act with reasonable care and causes someone’s death, they can be held legally responsible for the death. Under this area of law, various parties could be responsible for wrongful death, including:
- Negligent motorists who cause fatal car accidents
- Truck drivers who cause semi-truck accidents
- Truck companies and cargo loaders that cause a tractor-trailer accident
- Product manufacturers or designers who make defective products, such as defective brakes
Contact Us Today for a Free Consultation to Discuss Your Situation
If you believe someone else should be held legally responsible for your loved one’s death, you may be right. The compassionate wrongful death lawyers at Cousin Benny Injury Lawyers can investigate your case and determine if you have legal grounds against a negligent party.
If you do, we can represent you in your pursuit of fair compensation from them. We represent clients throughout Pennsylvania and New Jersey. Contact us today for a free case evaluation.
What Is the Statute of Limitations to File Wrongful Death Claims in Pennsylvania?
The statute of limitations is the timeline you have to take certain legal action after a cause of action arises. For wrongful death claims in Pennsylvania, the family must typically file a lawsuit within two years from the date of the decedent’s death. If two years have passed and you have not filed a lawsuit, you might be barred from bringing a subsequent action. Protect your rights by reaching out to an experienced attorney today.