Dealing with the loss of a loved one due to an accident is an overwhelming experience. The grief, confusion, and anxiety about what happens next can leave you feeling lost. If you’re facing the aftermath of a wrongful death, it can be even more challenging to understand your rights, especially when the concept of comparative negligence enters the picture. In Pennsylvania, the law surrounding wrongful death cases is complex, and understanding how negligence impacts your case can be crucial in seeking justice for your loved one.
If you’re reading this, it’s likely because you are navigating the difficult waters of a wrongful death claim. It’s understandable if you feel uncertain about what to do next. The process of pursuing a legal case after such a tragedy can feel like an insurmountable task, but rest assured, you are not alone. At our firm, we understand the emotional toll you are experiencing, and we are here to guide you every step of the way.
Understanding Comparative Negligence
Comparative negligence is a legal concept that can significantly affect the outcome of a wrongful death case. In simple terms, comparative negligence refers to the degree to which each party involved in an accident is at fault. In Pennsylvania, the law follows a “modified comparative negligence” system, which means that a plaintiff’s ability to recover damages may be reduced based on their own level of fault in the incident.
For example, if the person bringing the wrongful death claim is found to be partially responsible for the accident, the amount of compensation they can receive may be reduced. The degree of negligence assigned to each party is critical in determining how much compensation the survivors of the deceased can claim. If the deceased person is found to be 50% or more at fault, they are barred from recovering any damages. However, if the plaintiff is found to be less than 50% at fault, they can still recover damages, but the amount will be reduced according to their percentage of fault.
“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!- Miguel Lopez
How Comparative Negligence Affects Wrongful Death Claims
In a wrongful death case, where one party is seeking compensation after the death of a loved one due to someone else’s negligence, the comparative negligence rule plays a vital role. The legal process seeks to determine who is at fault for the death and to what extent each party contributed to the tragic event. However, this can become complicated if both the deceased person and the defendant share some responsibility for the incident.
Let’s consider a scenario in which someone is killed in a car accident. The defendant may have run a red light, but the deceased might have been speeding at the time. In this case, a jury or judge will evaluate how much responsibility each party bears. If the defendant is found to be more at fault, the deceased’s family may still be entitled to damages. However, if it is determined that the deceased’s actions contributed significantly to the accident, the compensation awarded may be reduced accordingly.
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Proving Negligence in Pennsylvania
To understand how comparative negligence applies, it’s important to first understand what needs to be proven in a wrongful death case. In Pennsylvania, the plaintiff must show that the defendant was negligent and that this negligence directly caused the death of their loved one. Negligence can take many forms, such as failure to follow traffic laws, inadequate maintenance of equipment, or dangerous behavior that puts others at risk.
In the context of comparative negligence, it becomes essential to determine how much negligence can be attributed to the deceased. In some cases, the defendant may argue that the deceased was partially responsible for their own death, potentially reducing the amount of damages the surviving family members can recover.
Examples of Comparative Negligence in Wrongful Death Cases
To further clarify how comparative negligence works in wrongful death cases, let’s look at a few examples:
Car Accidents
If the deceased was killed in a car accident where the other driver ran a red light but the deceased was speeding, the court would likely reduce the damages awarded to the family depending on the degree of fault assigned to both parties.
Verdicts & Settlements
Slip and Fall Accidents
If someone dies after slipping on a poorly maintained property, but it is shown that the deceased was not paying attention to their surroundings or ignored warning signs, the owner of the property may be found less responsible. Again, the amount of damages the family can recover will depend on the deceased’s level of fault.
Medical Malpractice
If a loved one dies due to medical malpractice, but it’s shown that they contributed to the harm by not following prescribed treatment plans or by failing to seek medical help, the defendant’s liability may be reduced based on the deceased’s actions.
How This Impacts Your Case
If you’re filing a wrongful death lawsuit, the concept of comparative negligence can impact the outcome of your case in several ways. It could potentially lower the amount of compensation that is awarded, depending on how much fault is attributed to the deceased. For instance, if your loved one is found to be 25% at fault for their death, any damages awarded may be reduced by 25%. This means that if the total damages are $1 million, your recovery could be reduced to $750,000.
The severity of the consequences of comparative negligence underscores the importance of presenting a solid case in court. The details of the incident, witness statements, evidence, and expert testimony can all play a role in demonstrating the level of fault that should be assigned to each party involved.
How Our Firm Can Help You
At McDonald At Law, we understand that facing a wrongful death case under Pennsylvania’s comparative negligence system can feel intimidating and overwhelming. Our team is committed to providing compassionate and professional support as we work tirelessly to secure the best possible outcome for you and your family. We will thoroughly investigate the details of your case, gather necessary evidence, and advocate on your behalf, ensuring that you have the best chance to recover the compensation you deserve.
We know that the process can be complicated, but with our team by your side, you don’t have to navigate the complexities alone. We will handle the legal aspects of your case, allowing you to focus on healing and remembering your loved one.
In the difficult aftermath of losing a loved one, it’s crucial to understand the implications of comparative negligence on your wrongful death case. Pennsylvania’s laws are designed to ensure fair compensation, but the process can be tricky, especially when both parties are found to share fault. The good news is that, with the right legal team on your side, you can navigate these challenges and fight for the justice your family deserves.
At McDonald At Law, we’re here to help you understand your options and support you through the legal process. If you’ve lost a loved one and are considering a wrongful death claim, reach out to our office today. We are here to guide you through every step of the way and help you achieve the best possible outcome for your case. You don’t have to face this journey alone; we’re here to help.
To learn more about this subject click here: The Emotional Impact of a Wrongful Death Lawsuit on Families in Pennsylvania
Understanding Pennsylvania’s modified comparative negligence system is crucial, as it can significantly impact wrongful death claims. If the deceased is found to be 50% or more at fault, the survivors are barred from recovering any damages.