If you believe your loved one has died as the result of the actions or omissions of someone else, you may be able to file a wrongful death lawsuit. Read on to understand what you should expect in your initial meetings with a wrongful death lawyer.

GATHER INFORMATION

When you meet with a wrongful death lawyer in Philadelphia, try to have with you documents that will be necessary in determining whether you have a viable case. Documents that may be necessary include: death certificate, decedent’s work history, will, and medical records. Your wrongful death attorney will also want to review your loved one’s personal items, like their cell phone, which may have pictures, videos, emails, texts, and other media which may help establish their health and well-being prior to their death. All of this data, while admittedly personal, can help to build the wrongful death case. Your wrongful death attorney in Philadelphia has the difficult task of piecing all of these items together to establish liability on the part of the defendants, as well as to build the damages portion of the case.

IDENTIFY THE PLAINTIFF

The “plaintiff” is the person who has the right to sue — that is, to bring the wrongful death case. Your Pennsylvania wrongful death attorney will need to figure out whether you can be the plaintiff. Only personal representatives of the decedent can file a wrongful death lawsuit.

If the decedent died with a will, the person appointed in the will as the “executor” or “executrix” represents the estate of the decedent. This executor or executrix may file a wrongful death lawsuit.

If the decedent died without a will, usually a spouse or other family member would be assigned personal representative of the decedent’s estate. If there are no surviving family members, the court may appoint a close friend or someone else to be a personal representative of the decedent’s estate. Whether a family member or not, the personal representative appointed by the court is called an “administrator” or “administratrix.” This administrator or administrator may file a wrongful death suit.

Thus, if you are either the administrator/administratrix or the executor/executrix, you will be able to be the plaintiff and file the wrongful death lawsuit.

SIGN FORMS

Once it has been established that you are a personal representative (again, either an administrator or executor), you will have to sign various forms so that your Pennsylvania wrongful death attorney can file the lawsuit. The forms will give the wrongful death lawyer the right to obtain life insurance information, financial reports, employment records, and medical records to prove your case.

But before the Pennsylvania wrongful death lawyer can use any of these forms to obtain all that crucial information, you need to sign a Contingent Fee Agreement with them. This agreement establishes the client-attorney relationship. It stipulates that you, the client, do not need to pay the lawyer anything upfront. The lawyer will assume all the costs and expenses to build and try your case. The lawyer only gets paid back for all of those costs and expenses (and all of their time and effort) if the lawsuit is successful. So, in the event of a successful outcome, a portion of the award goes to your wrongful death lawyer.

To find a wrongful death lawyer in Pennsylvania who will build and try your case successfully, contact the attorneys at VSCP Law.

People who get injured may decide not to hire a Philadelphia personal injury lawyer. They may think their injury wasn’t that bad. They may not want to make a fuss. They may wonder if their actions contributed in any way to the injury. But there are many more reasons to hire a Philadelphia personal injury attorney than not to. Below are some reasons that a person might hire a lawyer after suffering an injury. 

YOUR PERSONAL INJURY ATTORNEY WILL INVESTIGATE – FOR FREE

 It’s very possible that someone else is responsible for your injuries. Either through their actions or inactions, someone else caused you to suffer an injury. The only way to truly know whether someone else played a part in your injuries is to hire a Pennsylvania personal injury attorney. Your attorney will investigate the facts leading up to your injuries and make a professional determination as to whether the other person was negligent and thus liable to you for your injuries.

Your attorney will gather evidence that is critical to your case. If you were injured in a slip and fall, your attorney might collect building records, weather history, janitorial schedules, etc. If you were injured in a car accident, your attorney might gather auto-mechanic invoices, cell phone records, and the defendants’ driving records. Other examples of evidence that your Pennsylvania personal injury lawyer will collect include witness statements, photographs and videos, and all physical objects that are related to the events leading up to your injury.

And after all that, if your personal injury lawyer determines that there is no negligence that caused your injury and there is no one to sue, you won’t have lost any money. Your attorney undergoes all that investigation at zero cost to you.

YOUR PERSONAL INJURY LAWYER WILL HIRE THE RIGHT (AND BEST) EXPERTS

In many cases, a personal injury lawsuit is complicated and requires expert review and analysis. Your personal injury lawyer in Scranton has access to the best experts in the country. They will ensure that the most appropriate and qualified experts review your case. And they will ensure that those experts write an ironclad report to bolster your claim in court.

YOUR PERSONAL INJURY ATTORNEY WILL GET YOU MONEY FOR YOUR INJURIES

Under Pennsylvania law, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable; the exact figure can be established with documentation. They include lost wages, medical expenses, and future health-related costs.

Non-economic damages are not quantifiable – they are more of a subjective assessment of your suffering. They include loss of companionship, embarrassment, emotional distress, loss of quality of life, and pain and suffering.

Your personal injury lawyer in Philadelphia knows how to build a case that is designed to help compensate you for your suffering and make sure that you get the most money possible for your injuries.

To find an experienced personal injury to represent you, contact the attorneys at VSCP LAW (www.vscplaw.com)

According to the American Medical Association, more than a third of all doctors have had a medical malpractice lawsuit filed against them. The top five most common medical malpractice claims filed against healthcare professionals are as follows:

MISDIAGNOSIS AND DELAYED DIAGNOSIS

Misdiagnosis 

Healthcare providers often misdiagnose patients, which could lead to serious injury or death. One area of misdiagnosis that has gotten press lately is doctors’ frequent misdiagnosis of heart attacks in women. Because women experiencing heart attacks have symptoms that differ from men’s heart attack symptoms, doctors fail to recognize that a heart attack is indeed what the woman is suffering from. While men may often experience chest pain or numbness in their left arms when having a heart attack, women may experience nausea, stomach pain, or dizziness. Poorly-informed doctors misdiagnose women with menstrual cramps or indigestion rather than treating them urgently for the heart attacks they’re experiencing.

Delayed Diagnosis

There are many medical conditions that require prompt intervention by healthcare professionals. For example, a stroke is when blood supply to the brain is interrupted or reduced. This is an urgent medical issue and requires a timely diagnosis. When the healthcare professional recognizes the signs of stroke and acts quickly, they can help restore blood flow to the brain. Failure to do so will lead to oxygen deprivation in the brain, which can lead to brain damage, disability, and even death. If a healthcare professional delays diagnosis of stroke and/or fails to act urgently, thereby delaying or withholding lifesaving treatment and disability-preventing treatment, they could be held liable for medical malpractice.

Misdiagnoses and delayed diagnoses can result in serious injury or death and, in those cases, the patient or their loved ones should consult a Philadelphia medical malpractice attorney immediately.

SURGICAL ERRORS 

Surgeons are responsible for doing exactly what they stipulate to and nothing more and nothing less. Perhaps they damage a nerve, operate on the wrong body part, leave a piece of surgical equipment (eg, gauze or scalpel) inside the body cavity, or they damage an organ. All of these mistakes support a medical malpractice action, as does any negligence by the anesthesiologist in the administration of the anesthesia. Your medical malpractice lawyer in Philadelphia can evaluate the actions and inactions of the surgical team who rendered you care and determine whether they committed medical malpractice. 

PRESCRIPTION DRUG ERRORS

While prescription drugs can promote healing, ease pain, calm nerves, balance out blood levels, lower dangerous cholesterol, regulate heart functions, etc., they can also cause serious harm and even death, if not prescribed appropriately. Prescription drug errors include prescribing the wrong medication, prescribing the wrong dosage of medication, failure to warn a patient of serious side effects, and not taking into account the patient’s medical history and current drug use. Your Scranton medical malpractice lawyer can help determine whether your doctor made an error while prescribing drugs. 

FAILURE TO PROPERLY TREAT

A doctor commits medical negligence when they fail to provide the appropriate treatment to their patient. Perhaps the doctor fails to administer emergency care to a patient suffering from a stroke. Perhaps the doctor ignores certain symptoms and orders the wrong kind of surgery for the patient. Perhaps the doctor misreads an x-ray. In all of these cases, the healthcare provider failed to properly treat their patient. Contact your medical malpractice attorney in Pennsylvania if you suspect your doctor committed medical negligence during their treatment of you. 

BIRTH INJURIES

According to the Centers for Disease Control and Prevention, about seven in 1,000 children will suffer from a birth injury. A birth injury refers to damage caused to a baby shortly before, during, or after their birth. Birth injuries can result in permanent damage to the baby that will last into childhood and adulthood. Common birth injuries include bone fracture, cerebral palsy, brachial plexus, vacuum extraction complications, brain damage, and encephalopathy. Your Philadelphia medical malpractice lawyer can help evaluate whether your child’s birth injuries are related to a healthcare provider’s negligence or medical malpractice.

The above are the most common and frequent claims of medical malpractice. If you believe you or a loved one has suffered an injury due to the negligence of a healthcare provider, contact the medical malpractice attorneys at VSCP Law – www.vscplaw.com

When you go to the doctor for a medical issue, you don’t expect to feel worse after. And you certainly don’t expect to suffer an injury from the doctor’s care. When a doctor – or any healthcare professional – fails to treat their patient with competent care, that failure is called medical negligence or medical malpractice. And if that incompetent treatment causes the patient to suffer an injury, the patient likely has a viable medical malpractice claim, for which the patient and possibly their family may be compensated.

In order to prove your medical malpractice claim, your medical malpractice lawyer in Philadelphia will have to prove the following four essential elements:

DUTY

A professional duty is the first element in a medical malpractice claim in Philadelphia. This means that the medical malpractice attorney has to establish that there was a doctor/patient (or healthcare staff/patient) relationship. You can ask: was this healthcare provider charged with taking care of the patient? If the answer is yes, then duty has been established.

BREACH OF DUTY

The next element in your medical malpractice claim is breach of duty. Once you’ve proven that the healthcare professional had a duty to care for the patient, your attorney must next prove that the healthcare professional breached that duty. In other words, you have to prove that they failed to provide the standard of care expected of them. An example of breach of duty is when a surgeon leaves a surgical tool inside your body during surgery. Surgeons are expected to remove all surgical tools used during surgery from the body cavity. If they fail to do so, they have breached the duty they owed to their patient.

Other examples of breach of duty include:

In all of the above instances, the healthcare professional had a duty to protect the patient and failed to meet that duty — or breached that duty.

CAUSATION

The next element your Philadelphia medical malpractice attorney must prove is causation. If you can establish that your injury would not have occurred if it weren’t for the defendants’ actions or inactions, then you have proved causation. In other words, in order for the medical malpractice claim to be successful, your attorney must prove that the healthcare provider’s mistake – their negligence – led to your injuries and/or increased your risk of harm of sustaining your injuries. It’s not necessary to prove that the healthcare provider’s negligent actions were the only cause of your injuries. It’s only necessary to prove that due the medical provider’s negligence increased the risk of harm to you.

DAMAGES

The last element your medical malpractice attorney must prove is damages. Your attorney will need to establish that as the result of your healthcare professional’s medical negligence, you suffered injuries. These injuries may be new injuries or they may be an old injury that has been aggravated or worsened due to the healthcare professional’s mistake.

If your medical malpractice attorney can prove the above four elements, your medical malpractice claim will have all the essential elements to move forward in a court of law.

If you believe you or a loved one has suffered an injury as the result of a healthcare professional’s mistake, contact the Scranton medical malpractice lawyers and Philadelphia medical malpractice lawyers at VSCP LAW at vscplaw.com.

If your child has suffered a birth injury, you may not know whether to contact a birth injury attorney. Read on to learn how a birth injury attorney in Philadelphia can help you through this difficult time.

PRESERVING YOUR RIGHTS TO FILE A CLAIM

In Pennsylvania, you can file a birth injury claim up to two years after the child turns 18 (i.e., up until their 20th birthday). But you should never wait that long to consult an attorney. If your baby suffered a birth injury, you need to contact a Philadelphia birth injury lawyer as soon as possible to preserve your claims.

While your child’s case doesn’t expire until your child turns 20, YOUR case expires two years after you knew or should have known that your child’s birth injury was someone’s fault. Your claim as the parent could be for, e.g., out of pocket expenses, emotional suffering, etc. Parents lose their individual right to sue the healthcare providers after those two years expire.

A Philadelphia birth injury attorney, with sufficient notice, can ensure that you and your child don’t lose your rights to file a lawsuit. 

GETTING YOUR CHILD ACCESS TO CRITICAL CARE 

If your child has suffered a serious birth injury, you may be so overwhelmed that you don’t know what to do next. You don’t know how to deal with this massive injury that is afflicting your child. You don’t know whom to talk to, how to navigate various hospital systems, and how to obtain the appropriate medical care for your child. Philadelphia birth injury lawyers can help by connecting you with the proper healthcare professionals who can provide thorough medical evaluations, early intervention, physical therapy, occupational therapy, and other critical care. 

COLLECTING CRUCIAL EVIDENCE

Another way a birth injury attorney in Philadelphia can help you is by collecting evidence that could be crucial to your birth injury lawsuit. Your birth injury lawyer will review medical records, retain experts, gather evidence, and conduct depositions. All of this is essential to your birth injury lawsuit – it supports the argument that the healthcare professionals’ actions or omissions caused your child’s injuries. This evidence will also help establish the extent of your child’s injuries, detailing every related issue whether it’s physical or emotional.

OBTAINING MONEY DAMAGES

As mentioned, your birth injury attorney, given time and having had the opportunity to collect critical evidence, can now fight to win you just compensation, that is, payment for your child’s suffering and your suffering.

In Pennsylvania, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable, the exact figure can be established with documentation. Examples of economic damages include: medical expenses, loss of future earnings, and lost wages (for parents who had to stop working to care for their injured child).

Non-economic damages are not quantifiable – they are more of a subjective assessment of the sad consequences of a birth injury. Examples of non-economic damages include: loss of companionship, loss of life’s pleasures, pain and suffering, humiliation and embarrassment, and disfigurement.

It goes without saying that no amount of money will take away the pain your child and your family feel after a birth injury. But, with the right birth injury attorney in Philadelphia, you can at least rest assured that you will get the most compensation possible for your case.

If you believe your child has suffered a birth injury, contact VSCP LAW at vscplaw.com.

We recently summarized the types of cases a Philadelphia medical malpractice attorney specializing in birth injury can handle. Those cases are focused on the injuries your child could suffer during childbirth. There are often medical issues that arise for the mother of the child as well. Below is a list of medical injuries that can occur during childbirth for the mother, the baby, and/or both.

Placental Abruption

The placenta is a temporary organ that develops during pregnancy. Placental abruption happens when the placenta separates from the uterine wall before the baby is delivered. When this happens, the baby could lose vital nutrients and oxygen. Placental abruption is dangerous for the mother and the baby.

Uterine Rupture

Uterine rupture can occur during vaginal childbirth. It happens when the uterus tears, which can allow the baby to slip into the mother’s abdomen. Uterine rupture can lead to severe bleeding for the mother and suffocation for the baby.

Umbilical Cord Prolapse

The umbilical cord is a tube-like structure that connects the fetus to the mother during pregnancy. It is often called the baby’s “lifeline” because it carries nutrients to the baby and carries away the baby’s waste. Before or during childbirth, the umbilical cord can drop through the open cervix into the vagina before the baby is delivered. This dangerous complication is called umbilical cord prolapse and could cause a loss of oxygen for the baby.  

Nuchal Cord

Nuchal cord occurs when the umbilical cord wraps around the baby’s neck. This can happen during pregnancy, labor, or childbirth. Nuchal cord is dangerous because it can obstruct the blood and oxygen flow to the baby.

Meconium Aspiration

Meconium is a tar-like substance that is created by the baby, at first in the womb. It’s known as the “baby’s first stool.” Meconium aspiration is when the baby is stressed and breathes in meconium and amniotic fluid. Meconium aspiration can cause significant health problems and if it is left untreated, it can be fatal to the baby.

Chorioamnionitis (Intrauterine Infection)

The “chorion” is the outer membrane and the “amnion” is the fluid-filled sac surrounding the fetus. Chorioamnionitis is a serious infection that occurs when bacteria infect the chorion, amnion, and amniotic fluid around the baby. This infection can afflict the mother and the baby, and cause premature birth. If left untreated, the mother and baby could develop serious complications including sepsis and respiratory problems.

Cervical Insufficiency / Shortened Cervix / Incompetent Cervix

The cervix is the opening at the lower part of the womb/uterus. Cervical insufficiency is when a woman’s cervix opens too early in the pregnancy process. This can cause premature birth or miscarriage.

Your medical malpractice lawyer in Philadelphia can help you determine whether any of the above medical issues is the result of a healthcare professional’s actions or omissions.

If you believe you or your child suffered a medical injury before, during, or after your child’s birth, contact the experienced Philadelphia medical malpractice lawyers at VSCP LAW at vscplaw.com to have your case evaluated.

If you suffered a personal injury, you may think you don’t need an attorney. Perhaps it seems like a simple thing – there was ice outside the local grocery market, you slipped on a huge dent in the sidewalk, you fell and broke your arm, and all you have to do is call the grocery store and ask them to pay for your medical records. Easy slip and fall case, right? No. It’s never easy. And if you want to be fully compensated for your injuries, you need to hire a personal injury attorney. Below are the main reasons you need to hire a personal injury lawyer when you’re injured.

YOUR CASE ISN’T AS STRAIGHTFORWARD AS YOU THINK

No matter how straightforward your case seems, it’s actually not. Let’s say you were driving and the car behind you rear-ended your car, causing you to suffer neck and back injuries. You may think this is a straightforward auto accident because you learned that people who rear-end the drivers in front are always at fault. But there are many factors to consider in auto accidents including the usage of handheld devices (like your cell phone) while driving, whether there were other distractions, whether the cars involved were compliant with state inspection laws, whether there were any recalls of parts on either of the cars, etc.

And what about your injuries? What was your health like prior to the accident? What problems do you suffer now because of your neck and back pain? Did you have to take time off from work to deal with your injuries? Are you totally healed or are there permanent injuries? There is no shortage of important factors to consider and only an experienced personal injury attorney can identify all of them. And only an experienced personal injury can undertake a proper analysis of each and every one of them.

PENNSYLVANIA LAWS AND PROCEDURES ARE COMPLICATED

Do you know the definitions of “factual cause” and “increased risk of harm?” Do you know the exceptions to Pennsylvania’s wrongful death statute? Do you know the difference between when a parent’s claim expires and when their child’s claim expires for the same injury? Do you know when a products liability claim should be based on negligence, strict liability, or breach of warranty of fitness? Do you know what essential document has to accompany your medical malpractice Complaint so that your case isn’t automatically dismissed?

These are obviously rhetorical questions. No layperson is expected to understand how the law and procedure work in any particular case. Sadly, even many practicing attorneys who spent three years in law school don’t understand all of Pennsylvania’s rules and regulations. Often, a personal injury lawyer in Philadelphia won’t be as knowledgeable about the particular whims of, e.g., the Lackawanna County court system as well as a personal injury lawyer in Scranton would be. That is why you need an experienced Pennsylvania personal injury lawyer to help you wade through the often-times murky and sometimes-quirky laws and procedures.

YOUR OPPONENTS WILL TRY TO TAKE ADVANTAGE OF YOU 

People tend to forget that when they sue someone, they’re not just suing someone, a person. They’re also suing a business or a corporation. This is much more daunting because corporations have deep pockets and can hire an army of high-paid lawyers to fight on their behalf. That is often whom you’re up against.

Let’s say your child was sexually assaulted at an overnight camp by one of its employees. That overnight camp is part of a national conglomerate and has the top corporate law firm on retainer. Imagine how easy this case will look to the behemoth corporation you’re up against if you don’t have a personal injury lawyer representing you.

Even when your opponent isn’t a corporation, they could still be represented by a powerful insurance company that has a team of lawyers whose number one job it is to find any way possible to get your case thrown out.

You need a personal injury lawyer on your side – someone who can help amplify the true value of your case – so these fierce corporations don’t take advantage of you.

To find an experienced personal injury to represent you, contact the attorneys at VSCP LAW (www.vscplaw.com)

If your child was injured during birth, you should look for a Pennsylvania medical malpractice attorney who has specific experience trying birth injury cases. That experienced birth injury attorney can help you with myriad birth injury issues, including: 

Brain Injury

The brain is one of the most delicate organs during childbirth. It is also the most important organ in a person’s body because it controls the bodily functions as well as the cognitive processing. Thus, birth injuries resulting in brain damage can be the most devastating of any birth injury. There are a variety of brain injuries including hypoxic ischemic encephalopathy (HIE or, also, perinatal asphyxia), brain bleeds (hemorrhages or hematomas), periventricular leukomalacia (PVL), kernicterus, cerebral palsy, caput succedaneum, and hydrocephalus. Many of these are caused by hypoxia or a lack of oxygen in the blood. Your medical malpractice lawyer in Philadelphia will investigate the circumstances of your child’s birth and analyze the various actions and omissions of health care professionals. That analysis will be the basis of a possible lawsuit against those healthcare professionals.   

“Baby Born Blue”

Sometimes after birth, a baby will appear to be blue in color. This blue skin tone is due to a lack of sufficient oxygen to support healthy red blood cells. (Blood cells are only red when they have enough oxygen.) It’s actually common for a baby to appear blue immediately after birth and then to take a breath, which makes the blue tone disappear. If the appearance of blue skin remains for several minutes after the birth, this could be indicative of a more serious medical problem.

A baby could be born blue because of issues during the labor and delivery – perhaps the mother had high blood pressure that wasn’t properly managed by her health care team. Or maybe low blood sugar affected the baby. During labor, a mother may be given narcotics to manage the discomfort and pain. Those drugs, if not prescribed or given appropriately, could negatively affect the baby’s ability to breathe or the regularity of the baby’s heart rate. 

Your Philadelphia medical malpractice attorney can help determine whether a doctor’s or other professional’s mistake caused your baby to suffer from a dangerous lack of oxygen.

Erb’s Palsy and Brachial Plexus 

The brachial plexus is a series of nerves near the neck that provide movement and feeling to the shoulder, arm, and hand. Erb’s palsy describes the weakness and loss of motion in these body parts. Erb’s palsy is the most common type of brachial plexus palsy. This physical injury can result from difficult deliveries, such as with a large baby or where the baby was in breech position. The injury can also result from a prolonged or delayed labor — or when the person assisting the delivery exerted excessive force in pulling the baby from the birth canal.

The above are examples of common birth injuries that require the assistance of an experienced medical malpractice lawyer in Philadelphia. If you believe your child suffered a birth injury, you may have a viable birth injury lawsuit. You should not hesitate to contact the attorneys at VSCP LAW (vscplaw.com) for a thorough evaluation of your claim.

If you suffered a personal injury, you may think you don’t need an attorney. Perhaps it seems like a simple thing – there was ice outside the local bakery, you slipped on the ice, you fell and broke your arm, and all you have to do is call the bakery and ask them to pay for your medical records. Easy slip and fall case, right? No. It’s never easy. And if you want to be fully compensated for your injuries, you need to hire a personal injury attorney. Below are the main reasons you need to hire a personal injury lawyer when you’re injured.

YOUR CASE ISN’T AS STRAIGHTFORWARD AS YOU THINK

No matter how straightforward your case seems, it’s actually not. Let’s say you were driving and the car behind you rear-ended your car, causing you to suffer neck and back injuries. You may think this is a straightforward auto accident because you learned that people who rear-end the drivers in front are always at fault. But there are many factors to consider in auto accidents including the usage of handheld devices (like your cell phone) while driving, whether there were other distractions, whether the cars involved were compliant with state inspection laws, whether there were any recalls of parts on either of the cars, etc.

And what about your injuries? What was your health like prior to the accident? What problems do you suffer now because of your neck and back pain? Did you have to take time off from work to deal with your injuries? Are you totally healed or are there permanent injuries? There is no shortage of important factors to consider and only an experienced personal injury attorney can recognize and analyze them.

PENNSYLVANIA LAW AND PROCEDURE ARE COMPLICATED

Do you know the definitions of “factual cause” and “increased risk of harm?” Do you know the exceptions to Pennsylvania’s wrongful death statute? Do you know the difference between when a parent’s claim expires and when their child’s claim expires for the same injury? Do you know when a product liability claim should be based on negligence, strict liability, or breach of warranty of fitness? Do you know what essential document has to accompany your medical malpractice Complaint so that your case isn’t automatically dismissed?

These are obviously rhetorical questions. No layperson is expected to understand how the law and procedure work in any particular case. Sadly, even many practicing attorneys who spent three years in law school don’t understand all of Pennsylvania’s rules and regulations. That is why you need an experienced Pennsylvania personal injury lawyer to help you wade through the often-times murky and sometimes-quirky laws and procedures.

YOUR OPPONENTS WILL TRY TO TAKE ADVANTAGE OF YOU 

People tend to forget that when they sue someone, they’re not just suing someone, a person. They’re also suing a business or a corporation. This is much more daunting because corporations have deep pockets and can hire an army of high-paid lawyers to fight on their behalf. That is often whom you’re up against. 

Let’s say your loved one was sexually assaulted at a mental health facility by one of its employees. That mental health facility is a national conglomerate and has the top corporate law firm on retainer. Imagine how easy this case will look to the behemoth corporation you’re up against if you don’t have a personal injury lawyer representing you.

Even when your opponent isn’t a corporation, they could still be represented by a powerful insurance company that has a team of lawyers whose number one job it is to find any way possible to get your case thrown out.

You need a personal injury lawyer on your side – someone who can help amplify the true value of your case – so these fierce corporations don’t take advantage of you.

To find an experienced personal injury to represent you, contact the attorneys at VSCP LAW (www.vscplaw.com)

Wrongful death cases can be quite complicated. There are legal requirements related to filing an estate, the timing of your claim, and what damages you can claim. There are often complex medical records to review and understand. And there are the decisions – the countless decisions – that have to be made regularly to ensure that your case will have a successful outcome. Here are some ways in which a wrongful death lawyer in Philadelphia can help you prove your wrongful death case.

FILING A TIMELY LAWSUIT

Under the Pennsylvania wrongful death statute, you have two years after the official death date to file a wrongful death lawsuit. This restriction is typically referred to as the wrongful death statute or the statute of limitations. 

Two years may seem like a long time, but your wrongful death attorney will need ample time to investigate the circumstances surrounding your loved one’s death. They will need to order records such as medical records or employment records. They will need to talk with various individuals who were involved in or had substantial knowledge about the circumstances leading up to your loved one’s death. They will need to fully understand whether someone or multiple people are at fault for your loved one’s death. Thus, in order to comply with the wrongful death statute of limitations, you should contact an attorney as soon as possible after your loved one dies.

Wrongful death attorneys in Philadelphia understand the immense grief associated with wrongful death lawsuits, and will do everything in their power to work with you and ease your burdens during the stressful time after your loved one’s death.

SETTING UP AN ESTATE 

It is essential to know who represents the estate prior to filing a wrongful death lawsuit.

If your loved one died without a will, usually a spouse or other family member may file a wrongful death lawsuit on their behalf. If there are no surviving family members, the court may appoint a personal representative called an “administrator” or an “administratrix”.

If your loved one died with a will, the person appointed in the will as the “executor” may file a wrongful death lawsuit. 

Your wrongful death attorney in Philadelphia will help you figure out who should represent the estate.

PRESERVING CRITICAL EVIDENCE 

A wrongful death attorney knows what actions must be taken early in the process such as, ordering an autopsy on the decedent. And when ordering the autopsy, an experienced wrongful death attorney knows whether to order toxicology along with the autopsy. Toxicology includes a search for chemicals or drugs in the blood, saliva, and urine. Obviously, this autopsy must be done prior to the burial or cremation so your wrongful death attorney will act swiftly to ensure that all necessary actions are taken before the decedent is buried.

Other examples of evidence that needs to be gathered in a timely fashion include police reports, witness statements, photographs and videos, death certificate, and physical objects that are related to the wrongful death.

HIRING THE RIGHT (AND BEST) EXPERTS

Your wrongful death case is likely complicated. It will require expert review and analysis. Your wrongful death attorney has access to the best experts in the country and they will ensure that the most qualified experts review your case and write an ironclad report to bolster your claim in court.

HELPING YOU RECOVER MONEY DAMAGES

A wrongful death attorney evaluates the case with knowledge of all possible causes of action and claims for wrongful death damages.

Under Pennsylvania’s wrongful death statute, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable, the exact figure can be established with documentation. They include lost wages, medical expenses, burial and funeral costs, and estate administration costs.

Non-economic damages are not quantifiable – they are more of a subjective assessment of the sad consequences of a wrongful death. They include loss of companionship and pain and suffering.

A wrongful death attorney can help you with all of the difficult stages of your lawsuit. To talk with an experienced wrongful death attorney, contact the lawyers at VSCP LAW (www.vscplaw.com).