Philadelphia Wrongful Death Lawyer

During such difficult times, seeking legal recourse might be the last thing on your mind.

If your loved one was tragically taken from you due to the negligent actions of another individual or organization, the pain and devastation can be overwhelming.

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Bridget is the consummate attorney. She walked me through the process and stayed in touch with me while my claim processed. I knew I could call her anytime with any questions and she is up front and honest. I’m so grateful to have had her on my case.

Lisa Adams

Muller Brazil Client

I am so thankful for Muller Brazil. My medical bills were taken care of which was the most important thing for me going forward. I feel like i got vip service ... Thanks again y'all.

Karl Tiedemann

Muller Brazil Client

Leigh went above and beyond always for me on my case. She sent me updates often and made me feel important. Which is the case got overwhelming at times, Leigh always made me feel at ease and worked tirelessly for me. She is exceptional at what she does and concerns for her clients. Continued Blessings Leigh!

Cynthia LaShunn Chism

Muller Brazil Client

Philadelphia Wrongful Death Lawyer

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Coping with the loss of a cherished life is an unimaginable journey, and during such difficult times, seeking legal recourse might be the last thing on your mind. However, this is precisely where the purpose of a wrongful death suit becomes crucial. A wrongful death law firm aims to provide some measure of relief to the surviving family members by shifting the immense financial burden resulting from the loss onto the responsible party. In this profound struggle for justice, a compassionate and experienced law firm like Muller Brazil can be a beacon of hope, guiding you through the intricacies of the legal process and fighting tenaciously to ensure accountability and compensation for the irreplaceable loss endured.

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What is Wrongful Death in Pennsylvania?

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Wrongful death in Pennsylvania, according to CSA §8301, means that If someone you love has passed away due to another person or organization's careless actions or negligence, you have the right to seek compensation for their death. This can be done through a legal process called a wrongful death lawsuit. It allows you to claim damages for the harm caused by the wrongful act or neglect that led to your loved one's passing.

Suppose the deceased person had previously filed a lawsuit for the same injuries they suffered before they passed away. Those previous cases can be combined with the wrongful death claim to avoid getting compensated twice for the same damages. This process is set up to ensure fairness and prevent duplicate recoveries for the same harm. In the heart of Philadelphia, when life is abruptly cut short by unforeseen tragedy, the possibility of seeking justice through a wrongful death lawsuit becomes a vital pursuit. These claims can arise from various devastating incidents rooted in negligence, such as car accidents, slip and fall mishaps, nursing home neglect, and other unfortunate accidents.

Moreover, the sad reality extends to situations where wrongful death claims stem from intentional acts of violence, compounding the sorrow for grieving families. When faced with such painful circumstances, important questions must be considered: Were the at-fault party's actions negligent, reckless, or deliberately harmful? Would your departed loved one have had grounds to file a personal injury lawsuit if they had survived? Addressing these questions, often with the compassionate guidance of legal experts, is essential in navigating the complexities of wrongful death cases in Philadelphia and pursuing the restitution and closure that grieving families deserve.

Common Types of Wrongful Death Lawsuits in Pennsylvania

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In Pennsylvania, wrongful death lawsuits can arise from a wide range of circumstances, each rooted in the tragic loss of a loved one due to another party's negligence, recklessness, or intentional actions. Some of the most common types of wrongful death lawsuits in Pennsylvania include:

Car Accidents

Philadelphia car accident deaths stand as a prominent and heart-wrenching category. In 2022, car crashes claimed the lives of 1,179 people, according to a report by the Pennsylvania Department of Transport. These tragic car accidents arise from fatal collisions caused by a myriad of factors, including the devastating consequences of negligent or reckless driving, impaired motorists jeopardizing lives, excessive speeding on the roads, or violations of traffic laws that lead to irreversible loss and immeasurable grief for the surviving families left to grapple with the aftermath of the unthinkable. Wrongful death accident lawyers can help to ease the burden so you can concentrate on dealing with the untimely loss.

Medical Malpractice

Grieving families may seek redress if their loved one's life is tragically cut short due to a healthcare professional's negligence or medical errors. Heartbreaking scenarios may include a physician's misdiagnosis or failure to identify an illness, administering incorrect treatment, surgical errors during critical procedures, devastating birth injuries, or even fatal medication errors.

Johns Hopkins patient safety experts have calculated that medical errors or malpractice is the US's third leading cause of death. In such harrowing situations, seeking justice through a wrongful death lawsuit may offer a measure of closure amidst the profound pain and loss endured.

Workplace Accidents

Workplace accidents cast a somber shadow over high-risk occupations, notably in fields like construction, where worker fatalities loom as potential hazards. Employers are responsible for ensuring a reasonably safe work environment for their employees. Tragically, when companies fail in this duty and negligence leads to the untimely death of a loved one, surviving family members can pursue compensation for a wrongful death claim.

Defective Products

Any party involved in the distribution chain of a defective product, be it the designer, manufacturer, distributor, or seller, can be held accountable if their product's defects lead to a person's untimely death. Pursuing a wrongful death lawsuit offers a path to seek justice and financial compensation while holding those responsible for the defective product accountable. Moreover, successful claims from fatal injuries due to defective products help improve safety standards and reduce the likelihood of further loss.

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Filing a Wrongful Death Suit in Pennsylvania

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In Pennsylvania, according to Section 8301 - Death action, the right to file a wrongful death suit is granted to specific individuals designated by law. The following parties are eligible to bring forth a wrongful death claim:

Spouse: The deceased person's surviving spouse has the first right to file a wrongful death lawsuit.
Children: If there is no surviving spouse, the children of the deceased can pursue a wrongful death claim.
Parents: Without a spouse and children, the deceased's parents can file a wrongful death lawsuit.
Personal Representative: If none of the above parties initiate a claim within six months of the death, the personal representative of the deceased's estate may file on behalf of the next of kin.

It's essential to note that Pennsylvania law specifies the hierarchy of eligible parties and the time limit for filing a wrongful death claim. Consulting with an experienced Philadelphia wrongful death lawyer is crucial to understand your rights and ensuring compliance with the legal requirements when pursuing a wrongful death lawsuit in Pennsylvania.

How do you Prove Wrongful Death in Pennsylvania?

Proving wrongful death in Pennsylvania requires meeting specific legal elements and presenting compelling evidence to establish liability. To successfully demonstrate a wrongful death claim, the following aspects need to be addressed:

Duty of Care: The plaintiff (the person bringing the lawsuit) must show that the defendant (the party accused of causing the death) owed a duty of care to the deceased. For instance, regarding a car accident, all drivers must operate safely and responsibly.
Breach of Duty: It must be demonstrated that the defendant breached their duty of care. This means showing that they acted negligently, recklessly, or intentionally harmful behavior.
Causation: There must be a direct link between the defendant's breach of duty and the individual's death. In other words, the defendant's actions or negligence must directly cause the fatal incident.
Damages: The plaintiff must establish that they suffered quantifiable damages due to the wrongful death. Damages can include financial losses, emotional distress, loss of companionship, and more.

If negligence is proven, you can file a wrongful death claim. A Philadelphia Wrongful Death Attorney like Muller Brazil can assist with fact-finding and identifying the responsible parties.

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How do attorneys prove damages in a wrongful death claim?

To claim damages successfully, the plaintiff's legal team must meticulously prove several crucial factors. These include the deceased's expected lifespan, their potential future earnings, and the estimated cost to maintain them over their projected life span. Moreover, attorneys must demonstrate any amounts that would have been allocated to the deceased's beneficiaries had they lived.

Economists or actuaries are often employed to assess and calculate these intricate financial aspects. They use their expertise to provide comprehensive analyses that lend weight to the claim, enabling the grieving family to seek rightful compensation for the immeasurable loss they have endured.
What is the statute of limitations for wrongful death in PA?

In accordance with the Pennsylvania code, a strict two-year statute of limitations governs wrongful death and survival actions in the state. This time constraint is explicitly outlined in the statute of limitations under 42 Pa.C.S. § 5524(2). It means that individuals seeking to file a wrongful death claim or survival action must do so within two years from the date of the loved one's passing.

Failing to initiate legal proceedings within this designated period may result in the forfeiture of the right to seek compensation for the loss suffered, underscoring the critical importance of promptly seeking legal counsel to ensure compliance with this time limit and to safeguard the opportunity to pursue justice and restitution.

Preserving Evidence

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When faced with the devastating aftermath of wrongful death, taking swift action to preserve evidence is paramount, making it imperative to reach out to a seasoned attorney immediately. Muller Brazil stands ready with its experienced team, equipped to document and investigate the incident's circumstances promptly.

Crafting a compelling wrongful death lawsuit demands the skill and expertise of seasoned Pennsylvania wrongful death lawyers as they navigate complex legal terrain. Expert witnesses may be crucial in identifying product defects, safety negligence, or other relevant issues. Muller Brazil's extensive experience ensures the sourcing of appropriate experts capable of clearly explaining intricate matters. Combining diligent investigation with compassionate legal representation, the team at Muller Brazil works tirelessly on each claim, striving for the best possible results for their grieving clients. By preserving crucial evidence and employing adept legal strategies, justice can be pursued, and accountability sought for the untimely loss of a loved one.

What are the damages for wrongful death in PA?

A wrongful death claim in Pennsylvania allows beneficiaries to seek compensation for various economic and non-economic damages from losing their loved one. Economic damages encompass various quantifiable losses, such as expected future earnings, funeral expenses, medical costs incurred before death, inheritance loss, and the value of lost services and companionship. Additionally, non-economic damages cover emotional losses, grief, and the loss of consortium (relationship quality) resulting from the tragic event. Estimating the final value of a wrongful death case can be intricate, but with the assistance of legal counsel, beneficiaries can navigate the process of listing potential damages and ensuring that they receive the compensation they rightfully deserve in the face of such profound loss.

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