If you have lost a loved one due to the careless or negligent actions of somebody else, then you are going through an incredibly difficult experience in your life. You may be able to recover compensation and closure through a wrongful death lawsuit, but these cases can become complicated. At Soloff & Zervanos, P.C., our wrongful death attorneys in Philadelphia want to discuss how you can prove these cases to ensure a successful outcome.
Elements of a Philadelphia wrongful death claim
Before we begin to describe the elements of a successful wrongful death claim, please understand that these cases can become incredibly complicated. You do need to speak to a Philadelphia wrongful death lawyer who has the resources and legal experience necessary to guide you through this process.
In order for any wrongful death case to be successful, the plaintiff (the person who lost their loved one) will need to prove the following elements:
Duty of care. The plaintiff needs to establish that the defendant (the alleged negligent party) owed a duty of care to the deceased. This duty of care can look different depending on the situation. For example, in a car accident case, the plaintiff will need to prove the defendant had an obligation to obey traffic laws and drive safely while operating their vehicle. For product liability cases, it needs to be proven that the company or manufacture of a product owed the deceased a duty to provide a safe product free from flaws.
Breach of duty. After a duty of care has been established, the plaintiff will need to show that the defendant somehow breached the duty of care owed to the deceased. Following the car accident scenario, the plaintiff will need to show that the defendant failed to obey a traffic law or otherwise acted negligently. This can include operating while impaired alcohol, speeding, running a red light, etc.
Causation. Even after a duty of care and a breach of duty has been established, the plaintiff still needs to show that the defendant’s breach of duty directly caused the death wrongful death of the deceased. For example, if a drunk driver runs a red light and strikes another driver, but the victim’s airbags failed to deploy because of a defect, the cause of death could be linked to the airbag failure and not necessarily the drunk driver running the red light.
Our Philadelphia wrongful death attorneys are ready to help
If you have lost a loved one due to the careless, negligent, or intentional actions of another person, seek legal assistance immediately. The compassionate and experienced team at Soloff & Zervanos, P.C. is ready to help you get through this. We will use our resources to investigate every aspect of your claim so we can secure the compensation you need. This can include coverage of:
Loss of future income and benefits of the deceased