Philadelphia Wrongful Death Lawyer
Wrongful death is the legal term for the death of one individual caused by another. The actions that lead to the death may be intentional or negligent. Wrongful death cases may or may not be pursued in addition to criminal charges, such as murder or manslaughter. The intent of a wrongful death suit is providing compensation to the victim’s (decedent’s) family for the financial and emotional loss of the death. Damages are usually assessed for lost benefits and wages, loss of companionship, and emotional pain and suffering.
To support (prove) wrongful death, the defendant’s conduct must be shown to have lead directly to the death. Stated another way, without the actions of the defendant, the death would not have happened. As long as this condition is met, the amount of time having passed between the defendant’s actions and the death is not relevant.
Wrongful death liability may, in some cases, be shared between defendant and decedent. Reckless, dangerous behavior or failure to seek medical attention on the part of the decedent may mean that he or she is determined to have contributed to his or her own death. Depending on the state in which the death occurred, this may affect the awarding of damages.
The types of damages which may be awarded in wrongful death cases intend to address the various aspects of loss experienced by family members.
Most obvious and easy to calculate are the direct financial costs incurred through medical and death expenses. Future earnings and benefits are also calculated, with an attempt to speculate on future career developments, raises and promotions, as well as relevant relationships between family members. Loss of companionship is an estimate of emotional/psychological loss as experienced by surviving family members. Finally, in some especially heinous cases in which the defendant acted intentionally or with gross negligence, putative damages may be awarded. Putative damages are awarded solely as punishment, rather than as compensation for the victims.
If you or a loved one is in need of legal assistance, call Heavens Law Offices at 1-866-HEAVLAW, submit a free online consultation, or contact us. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.