When is Wrongful Death Due to Negligence & What Can You Do?

Wrongful death is also referred to as death caused by negligence and occurs when an individual’s death results from another party’s careless actions or failure to exercise reasonable care that led to the fatal incident. A surviving spouse, child, parent, guardian, or personal representative should never feel guilt or shame when filing a lawsuit following the wrongful death of their loved one caused by negligence.

While there is no amount of compensation that will replace the loss of a loved one, working with a wrongful death lawyer can help you find closure as those responsible are brought to justice. Compensation for wrongful death lawsuits includes the cost of the funeral, medical bills, lost wages, lost benefits, and pain and suffering recoverable from the responsible parties.

Common Types of Wrongful Death Due To Negligence

Not every wrongful death accident is the result of another party’s negligence, but if your loved one was involved in one of the categories listed, be sure to contact a personal injury lawyer to discuss your options.

• Medical Malpractice: Errors like misdiagnosis, surgical mistakes, or medication errors.
• Car Accidents: Caused by distracted driving, speeding, or impaired driving.
• Workplace Accidents: Due to unsafe conditions, lack of proper training, or equipment failure.
• Defective Products: Unsafe consumer products causing fatal injuries.
• Premises Liability: Accidents on poorly maintained properties, like slip-and-fall incidents.

What Are The Different Types of Negligence in a Wrongful Death Lawsuit?

Liability for the responsible party influences how damages are awarded. There are a few different types of negligence that can occur in a wrongful death lawsuit.

• Gross Negligence: This involves a severe lack of care or intentional disregard for safety and may result in punitive damages.
• Comparative Negligence: When both the victim and the defendant may have contributed to the fatal incident, courts may assign a percentage of fault to each party, and damages are typically reduced by the victim’s share of responsibility.
• Vicarious Negligence: This occurs when one party is held responsible for another’s negligent actions due to a special relationship, such as employer-employee or parent-child. This doctrine is rooted in the principle of “respondeat superior,” which translates to “let the master answer.”

How To Prove Negligence in a Wrongful Death Case?

Since negligence is a key factor in wrongful death cases, it’s essential to understand how to prove it. To establish negligence, evidence must be gathered, such as reviewing police reports, medical records, and accident scene documentation. Expert witnesses may be consulted, and witnesses may be questioned. The formal complaint will detail the negligent actions of the responsible party and why damages or compensation are warranted.

What is the Statute of Limitations for Filing a Wrongful Death Lawsuit in PA?

In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person’s death. This legal time frame applies regardless of when the underlying accident or injury occurred. Consulting a wrongful death attorney promptly after your loved one’s death ensures compliance with these deadlines and maximizes the chance of a successful claim.

When To Contact a Wrongful Death Attorney

If you’re struggling due to the death of a loved one, don’t hesitate to reach out. Consultations at Carpey Law are free and confidential. Don’t struggle alone. Lawyers can help you understand negligence vs. accident and help you navigate the complex legal process of a wrongful death claim. Our goal is to ensure you receive the compensation you deserve while allowing you the space and time to focus on healing.

The amount of time you need to grieve and figure out how life continues without your loved one may need to overlap with legal decisions and actions. Unfortunately, acting quickly is essential to preserve critical evidence, such as witness testimonies, surveillance footage, or electronic data from vehicles, which can deteriorate or become unavailable over time. Contact Carpey Law to relieve yourself of the investigative and administrative burdens related to the case. Involving a wrongful death attorney early can also protect you from early settlement tactics used by insurance companies, ensuring you receive fair compensation for your loss.