Understanding Wrongful Death in Pennsylvania
In Pennsylvania, wrongful death is legally defined as a death caused by the wrongful act, neglect, unlawful violence, or negligence of another party. The death must have been preventable and caused by the actions of another person, company, or institution. This includes a wide range of situations such as car accidents, medical malpractice, or workplace injuries. For a wrongful death case to exist, there must be evidence that the death was the result of someone else’s improper actions. This can be due to carelessness or even a deliberate act intended to cause harm. In Pennsylvania, the rules that apply to personal injury cases are also relevant to wrongful death claims. The law treats the case as if the deceased person had lived and brought a personal injury claim against the responsible party. The difference is that the family now brings the case on behalf of their loved one.“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
Who Can File a Wrongful Death Lawsuit?
Not everyone who suffers from the loss of a loved one can file a wrongful death lawsuit. Pennsylvania law is very clear on who is allowed to bring these claims. Only certain people are legally recognized to file such a lawsuit. The individuals who can file include the personal representative of the deceased person’s estate or the close family members of the deceased. The personal representative, who is often named in the deceased person’s will, is typically the first person to file the claim. If the representative does not file a lawsuit within six months of the death, the surviving spouse, children, or parents of the deceased can take action. Pennsylvania law ensures that close family members have the right to seek compensation when their loved one dies due to the wrongful actions of another party.Common Causes of Wrongful Death in Pennsylvania
There are several types of situations where wrongful death cases are most common in Pennsylvania. These causes range from accidents to intentional actions that result in death. One of the leading causes of wrongful death is motor vehicle accidents. Car, truck, and motorcycle accidents can result in fatalities when a driver is careless, intoxicated, or reckless on the road. Medical malpractice is another significant cause. If a doctor, nurse, or hospital fails to provide the right level of care, leading to the patient’s death, the family may have a wrongful death claim. Workplace accidents can also lead to wrongful death cases, particularly in jobs involving dangerous conditions like construction. Other examples include defective products, where a faulty item leads to a fatal accident, and criminal actions like assault or murder.Related Videos
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