Losing a loved one for any reason is a tragic experience for family and friends alike. When we lose someone, we want to understand why it happened. Sometimes it was just that person’s time or a freak accident occurs that couldn’t be avoided. Sometimes someone was very sick or someone decides to even take their own life. But sometimes… it is the fault of someone’s own negligence and lack of care. When this occurs, you will want justice. This may lead you to wonder, “What exactly is a wrongful death claim?”
Understanding Wrongful Death Claims
Wrongful death claims are a legal scenario at the civil level in which someone is at fault for the death of another and is considered negligent. Negligence is when someone should have exercised an accepted reasonable level care with something but did not, resulting in the harm or death of another. Negligence can involve someone doing something they should not or failing to do something.
Example of “Doing” negligence: A worker could have knowingly and lazily left tools on a roof during a storm after working on construction and these tools blew off and hit a child.
Example of “Not Doing” negligence: A medical professional was exhausted and didn’t bother to check the patient’s medical history, administering a pain medication the patient is allergic to.
Proving Negligence or Fault
You must be able to establish the cause of death and have evidence that will prove that someone is truly at fault for that loved one’s death to have a valid wrongful death case. People can make mistakes that any human could have missed or made and this is not necessarily negligence. For instance if someone had undiagnosed narcolepsy and did not know, fell asleep at the wheel, and hit a pedestrian, this may not be considered actual fault, but a reasonable mistake. For it to be negligence it must have been a level of care any average, mentally well individual should be capable of upholding.
Wrongful Death Cases and Medical Malpractice
Wrongful death cases are especially common in the medical field. People often seek medical help with serious and life-threatening conditions. When a doctor is not thorough and does not uphold the medical standards of care, this can easily put another person’s life in jeopardy. In order to discern between unpreventable death and death caused by a medical professional breaching a duty of care, evidence must be carefully looked at. There is a huge difference between a doctor drinking on the job and then attempting to perform a surgery and a doctor who misdiagnoses and illness with virtually the same symptoms. Each unique scenario must be analyzed in detail and evidence must show that more likely than not it was the negligence of the doctor that caused the victim’s passing.
Contact a Philadelphia Personal Injury Lawyer to Discuss Your Wrongful Death Case in Pennsylvania
Did you lose a loved one in an awful accident in Pennsylvania? During such a difficult time for you and your family, the last thing you need is to battle manipulative insurance companies and other negligent parties. Right now, you need an aggressive wrongful death attorney on your side, fighting to get you the compensation you deserve. The skilled attorneys at the Marrone Law Firm, LLC represent clients who have lost loved ones in Philadelphia, Center City, University City, and through the state of Pennsylvania. Contact us today by calling (866) 732-6700 or email us to schedule a free consultation about your case. We have an office conveniently located at 200 S Broad St #400, Philadelphia, PA 19102, as well as an office in Cherry Hill, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.