If you have lost a family member or suffered injuries as a result of another person's negligence or misconduct, a personal injury attorney who knows how to protect your rights can work with you to negotiate the best possible result according to the facts and applicable law. Don't delay. Contact our firm today to schedule a consultation and case evaluation.
Erie, Pennsylvania, Personal Injury Lawyers
Personal injury attorneys aren't held in high esteem by too many people. There are some good reasons why people think those things. Many other ideas have taken hold not because they're true, but because the insurance industry (with the help of politicians and the media) has repeated them so much.
At Rohde & Jennings, we're out to change the way people think about personal injury lawyers. We earn the trust we get by being honest and accessible to our clients, and by giving each one the personal attention and compassion they deserve. If you have been injured because of the reckless or careless actions of someone else — give us a call or contact us online to schedule a free consultation.
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At the law offices of Rohde & Jennings, in Erie, Pennsylvania, we strive to be a law firm that you can respect. We do that by showing respect for you and your case. For experienced personal injury attorneys who can help you recover fair compensation for your losses — call or contact us today for a no-cost consultation.
Insurance companies won't just give you the compensation you deserve — especially if it's just you or an attorney with very little trial experience who they're dealing with. Insurance companies know that we know how to try cases properly and take our clients seriously. For a free consultation, contact the Erie, Pennsylvania, offices of Rohde & Jennings today.
When Personal Injuries Result in Death: Wrongful Death Cases
In general, a wrongful death claim is one in which it is alleged that a person died as a result of another's negligence. The deceased person’s surviving relatives, dependents, or beneficiaries may bring suit against the responsible party or parties, seeking monetary damages for their losses. Each state has its own wrongful death law and not every state follows the same guidelines, principles, or rules. A personal injury attorney from Rohde & Jennings in Erie, Pennsylvania, can advise you on whether you have a valid wrongful death claim and can help you pursue that claim against the responsible party or parties.
Wrongful Death Laws Vary from State to State
Some states have “true” wrongful death acts in which the deceased person’s survivors or next of kin are entitled to bring a cause of action for their damages resulting from their family member's death. Other states have acts that are more properly called “survival actions.” In general, survival actions are brought on behalf of the deceased person for the deceased person's pain, suffering, and other damages resulting from the injuries that caused his or her death.
The individuals who are entitled to bring a wrongful death claim also depends on the jurisdiction. Generally, the primary beneficiaries of the person who has died (often the spouse and children) are able to bring a claim, and in some states the parents of the deceased person may be also designated as beneficiaries. In most states, if the deceased person did not leave behind a husband or wife, children, or parents, there may be no one who may bring a wrongful death claim. Sometimes, the recovery, if any, is simply doled out to the deceased’s “heirs at law” or as provided by law.
In many jurisdictions, it is not necessary that the defendant’s conduct be the sole cause of death. Even when the defendant’s negligence contributes only in part or in tandem with other circumstances to a person's death, liability may still attach.
Wrongful Death Damages
Types of damages. When a defendant is found legally liable for the death of another, the types of damages that may be recovered can also vary greatly. For example, the plaintiffs in a wrongful death case may be able to recover the deceased person's medical expenses, funeral and burial expenses, lost earnings, and lost benefits (such as pension benefits or medical and health insurance coverage). Additionally, in a few states, the plaintiffs may be able to recover damages for pain and suffering or mental anguish that they experienced as a result of the death as well as punitive damages.
Calculating damages. The method and manner of calculating damages in a wrongful death action can be very complex. This potential complexity is especially true when trying to calculate the monetary loss to which the plaintiffs are entitled. Monetary loss, sometimes called pecuniary loss, generally includes the survivor’s lost support, contributions, and services of the deceased person. The computations for these damages are typically based on the deceased person's life expectancy and work life expectancy as well as the life expectancies of the beneficiaries and, where necessary, the remaining period of minority of any beneficiaries.
Multiple beneficiaries. In cases where there is more than one beneficiary, the damages will be distributed among those beneficiaries. Most states allocate the damages among the beneficiaries in accordance with their losses. However, in some states the recovery is divided as spelled out in its wrongful death or intestacy laws.
Defenses to Liability in Wrongful Death Cases
In general, a defendant is entitled to raise any defenses in a wrongful death action that could have been raised in an action brought directly by the decedent, had he or she not died. Therefore, if the decedent was contributorily negligent in causing his or her own death, the defendant may assert that defense in the wrongful death action. Also, in most states, if the decedent had already recovered damages, such as in a case where the death was not immediate and the decedent was able to bring his own successful personal injury claim, the survivors may not then successfully bring a wrongful death action and recover for the same injury. There are limitations to this prohibition, and in some situations the survivors may still be entitled to bring a wrongful death action in their names.
Conclusion
When a loved one dies, the complexities of a legal claim against the wrongdoer can be overwhelming. At this already stressful and emotion-laden time, the assistance of an experienced personal injury attorney at Rohde & Jennings in Erie, Pennsylvania, who can guide surviving family members through the complex legal maze and help secure compensation for their devastating losses can be invaluable.
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