Wrongful Death Archives -

Understanding Wrongful Death Claims in Philadelphia: A Complete Guide 2024 (reg website)

If your loved one died as the result of someone’s wrongful conduct, you may be able to sue that person in a wrongful death lawsuit in Philadelphia. A successful wrongful death lawsuit may conclude with a wrongful death settlement or a favorable jury verdict. But how do you get from the beginning stages of the wrongful death litigation to the resolution?

SET 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, the court may appoint a personal representative called an “administrator.” An administrator of an estate may be a surviving spouse, other family member, or family friend. The administrator collects all the assets of the decedent, pays creditors, and distributes remaining assets to heirs or other beneficiaries.
If your loved one died with a will, the person appointed in the will as the “executor” has similar responsibilities to the administrator in that they must collect assets, make sure all debts and taxes are paid, and then distribute the remaining assets to the beneficiaries in accordance with law and the will.

The other important function of an administrator or an executor is the ability to file a wrongful death lawsuit.

PURSUE AND PRESERVE CRITICAL EVIDENCE

How do you know what actions must be taken early in the process of your lawsuit with regard to critical evidence? Your wrongful death lawyer has handled countless cases and knows exactly what you need to do. One of the first essential steps is to order an autopsy on your deceased loved one if one is necessary. 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. It is imperative that you help your lawyer gather these necessary pieces of information to the extent that you can. The presence or absence of this evidence will determine whether your wrongful death claim is successful or not.
HIRE THE RIGHT (AND BEST) EXPERTS
Your wrongful death case is likely complicated. It will require expert review and analysis. In a medical malpractice wrongful death case, for instance, your attorney will have to find a doctor that is trained in the same practice of medicine in which the defendant doctor practices. In other words, if your loved one died as the result of a medical error by a cardiac surgeon, your wrongful death lawyer will find you an expert in the field of cardiac surgery. Your experienced wrongful death attorney has access to experts across the country and they will ensure that the most qualified experts review your case and write a detailed expert report to bolster your claim in court.
FILE THE COMPLAINT, INCLUDING ALL NECESSARY CLAIMS
A wrongful death attorney evaluates the case with knowledge of all possible causes of action and claims for wrongful death damages. They know how to work with bereaved families to help them achieve a fair outcome for their wrongful death claim.
Your wrongful death lawyer will work with you to establish the extent of your damages and to make sure that the Complaint that they file contains all possible causes of actions and claims for damages so as to maximize the amount of compensation you receive in your wrongful death settlement.

THE COMPLAINT MUST BE FILED IN A TIMELY MANNER

Every state has its own wrongful death statute of limitations (which is the time period in which you have the right to file a wrongful death lawsuit). Under the Pennsylvania wrongful death statute, for instance, you have two years after the official death date to file a wrongful death lawsuit.
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 a wrongful death lawyer in Philadelphia as soon as possible after your loved one dies.
DISCOVERY AND TRIAL

After the Complaint is filed, there is a sometimes lengthy process called “discovery,” where the lawyers on both sides gather and exchange evidence. This is the period in which depositions (recordings of sworn testimony) are taken. After the discovery period has concluded, your wrongful death attorney prepares to go to trial.

The trial may take anywhere from one to four weeks, depending on how complicated the case is. Some trials can last longer than that. Sometimes, the case settles before or during trial. If the case doesn’t settle before the jury returns with their verdict, then it’s the verdict that determines the outcome of your wrongful death trial.

An experienced wrongful death attorney in Philadelphia can walk you through all the important steps. Find one now at VSCP Law.

Wrongful Death Attorney: Finding the Best Legal Representation

The success of your wrongful death lawsuit depends in large part on your wrongful death attorney. Wrongful death litigation is not for the faint of heart. It’s not for a lawyer who has little or no experience in handling a wrongful death claim. Indeed, it is only through a highly-experienced wrongful death lawyer that you will obtain the best compensation for negligence and wrongful death, whether that’s through a high jury verdict after a wrongful death trial or an agreed-upon amount as the result of a wrongful death settlement. Either way, it’s the seasoned wrongful death attorney who will help you in your wrongful death case.

But how can one find an experienced lawyer for their wrongful death case? What should one look for in their search for the best legal representation?

A seasoned wrongful death attorney will take on many essential roles in their advocacy for wrongful death victims. Here is just a sampling of the many roles your wrongful death lawyer takes on for you.

EVIDENCE GATHERER and INVESTIGATOR

In order to determine whether you have a valid wrongful death claim, your wrongful death lawyer must investigate the circumstances before, during, and after your loved one died. How do they best investigate the event? By gathering as much evidence as possible to prove your case. Examples of such evidence include: autopsy, toxicology lab reports, police reports, witness statements, photographs and videos, death certificate, and physical objects that are related to the wrongful death. The attorney also has to talk to you, other family members, and any possible witnesses. They often have to hire experts to help them investigate your claim.   

Let’s say your loved one died in a fatal vehicle accident in Philadelphia. Your wrongful death lawyer in Philadelphia might go to the site of the accident – often with an expert – and document the physical conditions of the road, the surrounding streets, the traffic lights, etc. All of these environmental conditions could help determine liability in the accident. Your Philadelphia wrongful death attorney might also scour police reports, eyewitness accounts, emergency response team notes, and any related medical records. Wrongful death attorneys in Philadelphia will ensure that they understand all circumstances leading up to the fatal injury, and the circumstances that followed the fatal injury. This thorough investigation will ensure that there are no surprises at trial and they can build the strongest wrongful death case on behalf of your deceased loved one.

ANALYST

Once the attorney has collected a sufficient amount of evidence, they then have the difficult task of piecing all of these items together to establish that the defendants did something that they shouldn’t have done or that they did not do something that they should have done. They also need to establish that the defendants’ actions or failure to act caused your loved one’s death. The quality of this professional-level analysis is what leads to a successful (or unsuccessful!) outcome for your wrongful death case. An experienced wrongful death attorney is the best legal representative for you because they understand the factual and legal issues of a wrongful death case and will help you get the best compensation for the case.

CONSULTANT

Throughout your wrongful death lawsuit, you will need to make significant decisions that will affect the outcome of your case. The decisions might be related to who would be the best administrator or executive of your loved one’s estate; which family photos, videos, or personal items of your deceased loved one would be the best to show the jury; whether you should accept the first settlement offer from the defendants or stay the course and go to trial. Your wrongful death attorney can guide you and advise you so you can make the best possible decision at every turn.

REPRESENTATIVE

Insurance companies, hospitals, defendants’ lawyers – these are just some of the parties your wrongful death attorney will speak to on your behalf. Your attorney will represent your interests in these various important conversations that occur during the course of your lawsuit.

ADVOCATE

Your wrongful death attorney will be your zealous advocate throughout the case. During depositions, hearings, and trial; while filing motions; or while talking with defendants’ lawyers on the phone – before, during, and after your lawsuit, your attorney has your back. They will advocate for you so that you win the case and collect the greatest possible amount of wrongful death damages.

TEAMMATE

Your lawyer is on your side. They want to help you achieve justice and get compensated to the full extent of the law. They will help you and support you and encourage you. They will be accountable to you. And they will expect you to help out when you can (for instance, when they ask for information, you give it to them). Together, you and your wrongful death attorney can look forward to a successful outcome of your case.

LAWYER

This role may seem obvious, but it should not be overlooked because it’s one of the main reasons you sought help from a wrongful death attorney. Lawsuits cannot take place without specialized knowledge of the various laws in Pennsylvania, including the statute of limitations, the laws of intestacy, negligence, evidentiary rules, procedural requirements, and the wrongful death statute. That your attorney has a Juris Doctor degree is what separates them from literally anyone who doesn’t – your attorney is legally qualified to represent you in a court of law.

You could literally lose your right to file a lawsuit in the first place by failing to adhere to the Pennsylvania statute of limitations. Under the law, your Pennsylvania wrongful death attorney will have to file the lawsuit no later than two years from the date of death.    

Two years may seem like a long time, but your wrongful death lawyers in Pennsylvania will need ample time to investigate the circumstances surrounding your loved one’s death. They will need to order records such as emergency room records or employment records. They will need to interview 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 a Pennsylvania wrongful death attorney as soon as possible after your loved one dies.

An important exception to the Pennsylvania wrongful death statute is in cases of “fraudulent concealment.” This part of the statute can occur in the medical malpractice context. It provides that if a plaintiff is fraudulently persuaded or lulled by the defendant medical care providers that the cause of their loved one’s death was not actionable in court because they did nothing wrong and/or concealed relevant facts from the plaintiff, the plaintiff might argue that they have more than two years from the date of death. The plaintiff could have as much as two years from the time they discovered (or should have discovered) that the defendant’s actions or omissions could likely have caused their loved one’s death.

The following example may help illustrate why acting swiftly in the event of a loved one’s death is essential.

Let’s say that someone was in a fatal motor vehicle accident on January 1, 2024. Under the law, technically, the loved ones of the decedent could file the wrongful death claim by January 1,

  1. But it would be very unwise to wait until this date, which is the last legal moment to do so. What if, for example, it took six weeks to obtain an autopsy report and two weeks for the police report and then it took the lawyer two months to hear back from the only eyewitness who had been out of the country. Investigating the circumstances of the fatal accident could take several months. And if the investigation takes several months, then contacting the attorney near the day the statute of limitations expires won’t allow the attorney the necessary time to investigate. Therefore, you must contact the attorney as soon as you can, after your loved one dies.

And it’s not just the fact that attorneys need time to investigate the cause of the accident. It’s also that certain pieces of evidence need to be preserved as soon as possible. Examples of this kind of time-sensitive evidence includes: the vehicles that the decedent and the defendant were driving; photos and videos of the accident, which may be in the possession of eye witnesses, local businesses, or highway cameras; police reports; eye witness statements; and emergency room records.

Thus, if someone was killed in a fatal accident on a certain date, the family should not wait a significant amount of time after that to proceed. They should contact a wrongful death lawyer as soon as possible so that the lawyer can begin the arduous tasks of collecting and preserving time-sensitive evidence as well as analyzing all of the evidence.

Find the best legal representative to take on your wrongful death case and do it now. To consult with a wrongful death attorney who will be your evidence gatherer, investigator, analyst, consultant, representative, and teammate — and who will zealously advocate for you – contact the attorneys at VSCP Law.

If your loved one died as the result of the intentional, negligent, or reckless conduct of another person, you might have a valid wrongful death claim. Naturally, when you receive news of your loved one’s death, the last thing you’re thinking about is calling a wrongful death lawyer in Philadelphia. You are likely overwhelmed with grief and anger and confusion. And you have to juggle your work and personal lives while having to plan a funeral and burial and deal with your loved one’s assets and estate. 

And yet, “as soon as possible” is the best time to contact a Philadelphia wrongful death attorney so they can have enough time to review the evidence and file a wrongful death lawsuit on your behalf. This article examines how long you can wait to file your wrongful death claim and offers an example scenario to illustrate the need for swift action.

THE LAW

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 attorneys 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 interview 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.

*An important exception to the Pennsylvania wrongful death statute is in cases of “fraudulent concealment.” This part of the statute can occur in the medical malpractice context. It provides that if a plaintiff is fraudulently persuaded or lulled by the defendant’s medical care providers that the cause of their loved one’s death was not actionable in court because they did nothing wrong and/or concealed relevant facts from the plaintiff, the plaintiff might argue that they have more than two years from the date of death. The plaintiff could have as much as two years from the time they discovered (or should have discovered) that the defendant’s actions or omissions could likely have caused their loved one’s death.

EXAMPLE

Let’s say that someone was in a fatal motor vehicle accident on November 1, 2023. Under the law, technically, the loved ones of the decedent could file the wrongful death claim by October 31, 2025. But it would be very unwise to wait until the last legal moment to do so. 

In fact, if someone was killed in a fatal accident on November 1, 2023, the family should contact a wrongful death lawyer as soon as possible so that the lawyer can begin the arduous task of collecting all possible evidence. Examples of evidence that needs to be preserved as soon as possible include the vehicles that the decedent and the defendant were driving; photos and videos of the accident, which may be in the possession of eyewitnesses, local businesses, or highway cameras; police reports; eye witness statements; and medical records.

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

If you believe your loved one has died as the direct result of someone else’s actions or omissions, you may have a viable wrongful death lawsuit. Don’t hesitate to contact the experienced wrongful death attorneys at VSCP LAW.

Wrongful Death Lawyer in Philadelphia is a civil cause of action brought by family members or legal representatives of the decedent against the person or multiple persons who caused the death of the decedent. The defendant(s) might have caused the death intentionally or they might have caused the death unintentionally (or “negligently”) and either way, the plaintiffs referenced above would have a wrongful death claim. The following are various situations that could lead to a wrongful death lawsuit.

MEDICAL MALPRACTICE

Misdiagnosis

Healthcare providers often misdiagnose patients, which could lead to death. For example, a woman may come to the emergency room with symptoms of nausea and fatigue. The poorly-informed doctor incorrectly concludes that she’s suffering from menstrual issues or indigestion. The doctor prescribes some antacids and a painkiller. The woman was suffering a heart attack. When women suffer heart attacks, they don’t have the same symptoms as men suffering heart attacks. Most doctors only know the typical male symptoms and often misdiagnose women, which could lead to their untimely deaths.

Delayed diagnosis

Many medical conditions require prompt intervention by healthcare professionals. For example, time is of the essence when a patient is suffering a stroke. A stroke is when the blood supply to the brain is interrupted or reduced. This is an urgent medical issue and requires a timely diagnosis. Sometimes medical staff will mistake a stroke for a migraine and prescribe painkillers. Unfortunately, during a stroke, every minute that passes is a minute that the brain is losing precious oxygen. And if the proper diagnosis is delayed for too long, the person could die. 

Early discharge

When a hospital or other healthcare facility allows a patient to leave their care when the patient’s health condition requires more close monitoring in the healthcare setting, that’s called early discharge medical malpractice. Releasing a patient before it’s physically safe to do so could end in the patient’s death.

MOTOR VEHICLE ACCIDENTS 

Car, truck, or other vehicle accidents can often be fatal. Such accidents can result in the death of the driver, the passenger, and pedestrians. Fatal accidents can result in wrongful death lawsuits against whichever party is found to be at fault for causing the collision.

DEFECTIVE PRODUCTS

A product can be defective in its design or its assembly and in some cases, a defective product could kill the user of the product. A defective product could also kill people who aren’t directly using the product, but who are physically near the product user. Wrongful death litigation can result from such defective products.

PREMISES LIABILITY

If a person falls or otherwise gets hurt and then dies as a result of a dangerous condition of a property, the property owner could be liable to the family of the decedent. Business owners and private property owners must keep their properties safe and free from hazards.

WORKPLACE ACCIDENTS

Some workplaces (for instance, construction sites, factories, and aircraft) are more dangerous than others. If someone dies from a workplace accident, their family or legal representatives can sue the employer and/or the company that owns the site for wrongful death.

RECREATIONAL ACTIVITIES

Sadly, even though a person is just trying to have fun at the water park, ATV course, or an amusement park, they can experience a deadly accident.

CIVIL RIGHTS VIOLATIONS

A civil right is an enforceable right or privilege. Citizens have the right to be free from false arrest, malicious prosecution, and excessive use of force by law enforcement. Wrongful Death Lawyer in Philadelphia can occur particularly in that last example: excessive or unreasonable use of force against a citizen.

Regardless of what type of case is at issue, an experienced wrongful death attorney will help you navigate the complicated legal landscape. To talk with an experienced wrongful death attorney, contact the lawyers at VSCP Law.

Wrongful death claims typically arise when someone’s death is caused by the accidental or intentional actions of another person or entity. The following are some key steps that need to be taken to help determine if you have a  wrongful death case.

Contact an Attorney

One of the first and most crucial steps in determining whether you have a wrongful death case is to contact a wrongful death lawyer. The wrongful death attorney can assess the specific circumstances of your case and provide guidance as to whether you have a valid claim. They can also help guide you in the below essential steps.

Order an Autopsy…Maybe

It’s important to note that not all wrongful death cases require an autopsy. If there is no real question as to the cause of death, an autopsy is generally not necessary. Let’s say, for example, that your loved one was a healthy person with no underlying health concerns. He gets in a serious car accident in which the other person’s car drives head-on into his car; he dies at the scene. In that wrongful death action, it will be obvious to all parties that the car crash is what caused his death. An autopsy, thus, would not give much more information than what is already evident to all involved.

On the other hand, if it is completely unknown what exactly caused your loved one’s death, then an autopsy could be informative. For example, if you think your loved one died due to being prescribed the wrong medicine and the doctor you’re suing suggested your loved one died from an unrelated pneumonia, an autopsy could help resolve the issue.  An autopsy would clarify whether the wrongfully prescribed medicine caused your loved one to die or whether the unrelated lung infection did. And your wrongfully death medical malpractice attorney can guide you as to whether or not you should order one.

Have an Expert Review Records

Whether the death took place on a highway or in a hospital bed, there will be records of the circumstances prior to, during, and after the death. And those records need to be reviewed by an appropriate expert to determine if the death was caused by someone else. The expert could be a gastrointestinal surgeon or someone who specializes in workplace safety. The expert will review the observations, notes, hospital reports, and all other records to help determine the cause of death and to help the wrongful death lawyer evaluate the potential claim.

If the attorney finds that there is in fact a valid wrongful death claim, they will help you gather sufficient evidence and file a Complaint in court. The case may end in trial or in a wrongful death settlement. Either way, it’s imperative to contact an attorney as soon as you suspect your loved one’s death could be the fault of someone else. The attorneys at VSCP Law can help.

When your loved one’s death is caused by the actions (or inactions) of another person, you may have a wrongful death claim. We get calls from a lot of grieving families seeking to sue others for the wrongful death of their loved one. There is a wide variety of different contexts in which their loved ones have died, but there are some categories for this type of claim that are more common than others. Below are the top five most common claims in wrongful death lawsuits.

Motor vehicle accidents

According to the National Highway Traffic Safety Administration, there are about 5-6 million motor vehicle accidents per year across the United States. Of those, around 34,000 involve fatalities where at least one person (either the driver or passenger) has died. Sometimes, there is no one at fault – for example, the accident happened because a deer jumped into the road unexpectedly. But, more often with the calls we get, the accident has occurred because someone wasn’t driving carefully. In those cases, when we can link the careless or negligent actions of someone else, we file a wrongful death lawsuit on behalf of the grieving family. 

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 wrongful death lawyer can evaluate the actions and inactions of the surgical team who rendered you care and determine whether they committed medical malpractice.

Misdiagnosis

Healthcare providers often misdiagnose patients, which could lead to death. The more common conditions that doctors misdiagnose are heart attacks and strokes. For heart attacks, for instance, a woman might come to the doctor with complaints of nausea, shortness of breath, and fatigue and the doctor will incorrectly diagnose her as suffering from premenstrual syndrome or indigestion. For strokes, for instance, a patient can come to their doctor with severe head pain and disorientation. The doctor misdiagnoses them with a migraine. In both of these cases, failure to properly diagnose the condition could lead to the patient’s death.

Delayed Diagnosis

There are many medical conditions that require prompt intervention by healthcare professionals. For example, when cancer is detected, a team of doctors start to plan treatment. Treatment could include surgery, radiation, chemotherapy, and immunotherapy. All of these treatments must be done as expediently as possible because untreated cancer can grow and become deadly. But these treatments won’t become part of a patient’s care plan if no one diagnoses them with cancer. We often get calls from people whose loved one’s doctor failed to notice cancer on their diagnostic test and thus treatment for that loved one was delayed. If a doctor fails to timely diagnose cancer in a patient, they are reducing the likelihood of the patient’s recovery from it and increasing the likelihood that the patient will die from it.

Workplace accidents

Another area that clients call us about is workplace accidents. This can include, for example, someone falling to their death on a construction site or someone in a manufacturing warehouse being exposed to a toxic chemical. Related to the above category, this also often includes workers who are killed in a motor vehicle accident while transporting products for work.

Our goal, as wrongful death attorneys in Philadelphia and its surrounding areas, is to help people who have lost a loved one and seek justice on their behalf. If you believe your loved one died due to the misconduct of someone else, contact us today at VSCP Law.

When your loved one’s death is caused by the actions (or inactions) of another person, you may have a wrongful death claim. We get calls from a lot of grieving families seeking to sue others for the wrongful death of their loved one. There is a wide variety of different contexts in which their loved ones have died, but there are some categories for this type of claim that are more common than others. Below are the top five most common claims in wrongful death lawsuits.

Motor vehicle accidents

According to the National Highway Traffic Safety Administration, there are about 5-6 million motor vehicle accidents per year across the United States. Of those, around 34,000 involve fatalities where at least one person (either the driver or passenger) has died. Sometimes, there is no one at fault – for example, the accident happened because a deer jumped into the road unexpectedly. But, more often with the calls we get, the accident has occurred because someone wasn’t driving carefully. In those cases, when we can link the careless or negligent actions of someone else, we file a wrongful death lawsuit on behalf of the grieving family.

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 wrongful death lawyer can evaluate the actions and inactions of the surgical team who rendered you care and determine whether they committed medical malpractice.

Misdiagnosis

Healthcare providers often misdiagnose patients, which could lead to death. The more common conditions that doctors misdiagnose are heart attacks and strokes. For heart attacks, for instance, a woman might come to the doctor with complaints of nausea, shortness of breath, and fatigue and the doctor will incorrectly diagnose her as suffering from premenstrual syndrome or indigestion. For strokes, for instance, a patient can come to their doctor with severe head pain and disorientation. The doctor misdiagnoses them with a migraine. In both of these cases, failure to properly diagnose the condition could lead to the patient’s death.

Delayed Diagnosis

There are many medical conditions that require prompt intervention by healthcare professionals. For example, when cancer is detected, a team of doctors start to plan treatment. Treatment could include surgery, radiation, chemotherapy, and immunotherapy. All of these treatments must be done as expediently as possible because untreated cancer can grow and become deadly. But these treatments won’t become part of a patient’s care plan if no one diagnoses them with cancer. We often get calls from people whose loved one’s doctor failed to notice cancer on their diagnostic test and thus treatment for that loved one was delayed. If a doctor fails to timely diagnose cancer in a patient, they are reducing the likelihood of the patient’s recovery from it and increasing the likelihood that the patient will die from it.

Workplace accidents

Another area that clients call us about is workplace accidents. This can include, for example, someone falling to their death on a construction site or someone in a manufacturing warehouse being exposed to a toxic chemical. Related to the above category, this also often includes workers who are killed in a motor vehicle accident while transporting products for work.

Our goal, as wrongful death attorneys in Philadelphia and its surrounding areas, is to help people who have lost a loved one and seek justice on their behalf. If you believe your loved one died due to the misconduct of someone else, contact us today at VSCP Law.

 

When someone dies and their family successfully sues the party responsible for the death, the family may recover compensation for the loss of their family member. There are two possible avenues for the family to collect money: Wrongful Death and Survival Action. They are not the same. Read on to learn the difference.

Wrongful Death

Under the Pennsylvania Wrongful Death Act, the family of the deceased may collect:

         Past Lost Contributions. This is the amount that the family has lost between the time of the death to the present. It includes the money the deceased family member would have spent on or given to his family for things like food, clothing, medical care, education, and even gifts and recreation.

         Future Loss of Contributions. This is the amount of money that fairly compensates the family for the loss of future gifts the deceased family member would have given. In other words, the contributions the deceased family member would make from today until the deceased family member would have died had there been no negligence. For instance, if the deceased family member had a life expectancy of 85 years, you would calculate how many years until she would have reached the age of 85 and you would be compensated for the loss of her contributions for that period of time.

         Past and Future Noneconomic Damages. When someone dies, they can no longer give their family their companionship, emotional comfort, sense of humor, etc. The family can be compensated for the profound emotional and psychological loss of their treasured family member.

Survival Action

Under the Pennsylvania Survival Action, the family member of the deceased person can collect:

         Past Lost Earnings. If there is a period of time that took place between the time of the negligent act and the time of the death, the family is entitled to be paid for the amount the deceased person would have earned in damages between those two events: negligence and death.

         Future Loss of Earnings. This amount covers how much the deceased family member would have earned from today to his life expectancy, as explained above.

         Past Noneconomic Damages. When someone is injured as the result of someone’s negligence, they don’t always die immediately. Sometimes, they could suffer briefly and sometimes they could suffer for a prolonged amount of time before they die. Whatever length that period is, it can be a category of damages. The family of the deceased person can recover money for the mental and physical pain, suffering, and loss of life’s pleasures from the moment she’s injured to the moment of her death.

It is often the case that the family is entitled to both Wrongful Death and Survival Action damages. It is up to your experienced wrongful death lawyer to plead these claims and ensure that you get the most compensation for your loss. To speak with an experienced wrongful death attorney, contact VSCP Law.

In personal injury cases, you can seek emotional distress damages. The emotional distress damages you can claim, however, depend on whether you, yourself, are the injured party or whether you are claiming emotional damages due to the physical injury to your family member.

Emotional Damages for You, the Injured Party

When you are injured, you have multiple possible avenues for claiming emotional damages, including:

Pain and Suffering.  This damage category includes the physical discomfort, mental anxiety, emotional distress, and inconvenience that you’ve suffered  – and will continue to suffer – as a result of your injury.

Embarrassment and humiliation. This refers to any feelings of shame, inferiority, humiliation, or inadequacy that you feel and will continue to feel as a result of your injury. 

Disfigurement. This damage category includes scarring, deformity, limp, or another observable defect that you suffer – and might continue to suffer – as a result of your injury. 

Loss of ability to enjoy life’s pleasures. This refers to the past and future loss of your ability to participate in hobbies, games, sports, or other activity, that you previously enjoyed. The activities don’t have to be physical, like biking or rock-climbing. Activities could include chess or reading. If you can no longer do those activities due to your injury, you can claim emotional distress as the result of having to discontinue them.

Emotional Damages for You as a Family Member of the Injured Party

When it is not you who was personally physically injured, but your family member, you can still make a claim for emotional damages. The courts call these damages Negligent Infliction of Emotional Distress Damages and in order to prove this, you need to establish that the defendant’s negligence caused your loved one to suffer a physical injury and you have suffered emotional distress as a result. There are different types of liability that would lead to this level of compensation, including:

Zone of Danger Liability. You could recover damages if you were near the point of impact. For example, if you were in the car with your wife during the accident in which your wife was injured, you were within the zone of danger and would likely have a successful claim for emotional distress.

Bystander Liability. If you witnessed the physical harm caused to your loved one, you are considered a bystander. For example, if you were in the room when a nurse administered the wrong medicine to your child, causing your child to suffer serious immediate injuries, you were a bystander and could collect compensation for your emotional distress.

If you or your loved one suffered a personal injury, it’s important to work with a knowledgeable personal injury attorney who can help you collect the appropriate damages. Contact the experienced and knowledgeable personal injury lawyers at VSCP Law.

It can be devastating when you realize that your loved one’s death could have been prevented with proper medical care, or proper care in other settings, such as the workplace. If you believe your loved one has died as a result of the actions or omissions of their healthcare providers or other individuals, you may be able to file a wrongful death lawsuit. Read on to understand the various categories of wrongful death damages that you can recover.

Under Pennsylvania’s wrongful death statute, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable, meaning the exact figure can be established with documentation. Non-economic damages are not quantifiable – they are more of a subjective assessment of the sad consequences of an injury. Read on for the list of categories of compensation that your wrongful death lawyers in Philadelphia can win for you:

ECONOMIC

Lost wages. If your deceased loved one was working and earning wages at the time of their death, you may be able to recover lost wages – that is, the wages that your loved one can no longer earn, in addition to the value of work-related benefits.  

Medical expenses. This category of compensation is related to the bills from the hospital, doctors, physical therapist, pharmacy, and any other healthcare service or provider that are related to your loved one’s death.

Burial/funeral costs. Burial, funeral, and all costs related to interment may be compensated.

Estate administration costs. When someone dies, their property becomes an estate. The estate has to be administered which could include paying utilities, storage, monthly housing fees, and taxes related to the decedent’s property, as well as paying the person who is in charge of making all these payments from the estate.

Costs of living. These are the costs that the decedent would have spent to support their family members had they not died. These costs may include food, clothing, shelter, transportation, education, and recreation.

NON-ECONOMIC

Loss of companionship, comfort, and society. Sometimes referred to as “loss of consortium,” this describes the loss of the benefits of having someone in your life. For a spouse of the decedent, this may include the loss of companionship, cooperation, affection, comfort, services, assistance, sexual relations, and emotional support. For a parent of a child who died, this may include the loss of the opportunity to witness certain milestones like walking, talking, riding a bike, and playing sports. For the child of a parent who died, this may include the loss of the deceased parent’s guidance, training, advice, education, care, comfort, moral upbringing, and emotional support.  

Pain and suffering. This category refers to the physical and emotional pain and suffering that the decedent underwent after the negligent action and before their actual death. Some pain is obvious because it’s accompanied by moans, groans, and/or winces; other pain is invisible because it’s experienced internally, but it is no less significant.

It goes without saying that no amount of money will take away the sadness you feel when your loved one dies. But, with the right wrongful death attorney in Philadelphia, you can at least rest assured that you will get the most compensation possible for your case.

If you believe your loved one has died as the result of someone else’s actions or inactions, contact the wrongful death lawyers at VSCP Law.