What are some of the real-life examples of wrongful death lawsuits in Pennsylvania?
Deaths are extremely hard for families involved, but they can be even more difficult when caused by someone’s carelessness or negligence. Philadelphia wrongful death occurs when an individual’s death is directly caused by the wrongful act or negligence of either a person or business. When you have proof and/or victims you are entitled to pursue compensation from such a loss. Proving wrongful death comes down to establishing negligence. To do this, you must prove that someone such as a doctor, driver, caregiver, or property owner had an obligation to exercise reasonable caution to prevent harm to your loved one and failed to do so. You must also prove that their failure to keep your loved one safe resulted in their death, which left you with significant damages. If your case meets these criteria, you might qualify for financial recovery in a wrongful death case.
Pittsburgh wrongful deaths can be caused by numerous factors, people and situations. The following are among the most common types of wrongful death claims:
Fatal car accidents
Driving is one of the most dangerous things people regularly do. Because of the inherent danger of driving, it is important to always be safe, buckle up, to never drink alcohol or take drugs and drive under influence, and to not text and drive. In 2021 alone, 3,142 people were killed in motor vehicle crashes involving distracted drivers, according to the U.S. Department of Transportation. Despite the overwhelming amount of information about careless or unsafe driving, accidents still happen. When someone’s actions lead to another person’s death, the deceased’s loved ones may be entitled to compensation for that wrongful death.
Wrongful death in a car accident can happen for a variety of reasons, such as negligence or recklessness by another motorist, criminal activity, or even because of a manufacturing defect by the automaker, also known as product liability. Below you will find key information about wrongful death car accidents, including the common causes of car accidents, your options when filing a claim, and where to go to find a lawyer who can assist you. Our Philadelphia wrongful death attorneys at the Trapani Law Firm work statewide across Pennsylvania. We are available 24/7 to give you free advice and consultation.
The most common causes of fatal car crashes and car-pedestrian accidents are:
Texting and driving (distracted driving)
Driving under the influence of drugs (including prescription drugs like painkillers) and/or alcohol
Reckless driving (speeding, racing, not respecting the traffic lights)
Poor weather conditions (a fog, rain, wet road, ice on the road)
Driver fatigue, malaise, lack of sleep (fatal tractor-trailer accidents)
Car manufacturing defects, products liability (air bags, seat belts, child car seats etc.)
Medical Malpractice Wrongful Death in Philadelphia
There’s a separate claim for the medical malpractice, medical errors, misdiagnosis etc. You can file a Pittsburgh wrongful death lawsuit when your loved one is killed because of medical malpractice or medical negligence. Medical malpractice cases can lead to either personal injury or wrongful death lawsuits in Pittsburgh and Philadelphia PA. In personal injury cases, the victims themselves seek compensation for their damages. In wrongful death cases, the victim can no longer represent themselves in court, so a loved one or estate representative pursues financial compensation on their behalf. Medical malpractice leading to the patient’s death can occur during any stage of doctor-patient interaction, from pre-diagnosis to post-operation, from the Emergency Room to wrong prescription. Common types of medical malpractice include:
Failure to diagnose cancer
Philadelphia Stroke Malpractice
Misdiagnosis (the most common fatal misdiagnosis are related to a stroke, a heart attack, variety of cancers, a multiple organs failure, a septic shock)
Misinterpreting lab test results or running the wrong test
Surgical mistakes, such as unnecessary operations, incorrect surgery sites, or retained foreign objects, internal bleeding
Philadelphia Birth Injury
Incorrect medication or dosage (there are many cases of a chemo overdoses)
Poor follow-up care or premature discharge
In the case of a wrongful death, if there is negligence, reckless behavior, or wrongful acts involved, this may also warrant a lawsuit. Pittsburgh wrongful death litigation for a construction accident can provide lump-sum compensation for end-of-life costs, lost wages, and other financial losses. Philadelphia construction accidents are accidents occurring during construction, often referring to accidents at construction sites of large buildings and bridges. When it comes to construction accidents, if you have lost a loved one from a situation that could have been prevented, you may have a wrongful death claim.
Over one in every five workplace deaths occur on construction sites in the US. A construction accident is more likely to result in wrongful death than any other workplace accident. In the last year there were 4,757 fatal accidents in the workforce, and 751 of those deaths were construction workers. Who is responsible for the accident?
In the event of a Philadelphia wrongful death due to a construction accident, it is important to investigate the site in the same condition as it was when the accident occurred. Construction sites are constantly changing, and owners may attempt to cover up a dangerous situation that caused the accident, or it may be fixed as part of the construction itself. It is the utmost responsibility of a construction foreman or the workplace supervisor to make decisions that protect all the construction worker’s health and safety by providing the proper equipment. After a devastating and fatal workplace accident, it becomes clear what action should have been taken.
The most common construction accidents are:
Falls from heights
Head injuries, spinal cord injuries caused by falling objects
Burn injuries leading to the wrongful death
Product Liability machine malfunction
Fire related wrongful death in Philadelphia
If you’ve lost a family member in a fire-related accident that was preventable or caused by someone else’s negligence, you may be entitled to compensation for your loss under the law. Among the many types of accidents that can result in wrongful death claims, let’s focus on four that are most commonly associated with fire-related deaths. Such as Philadelphia apartment fire wrongful deaths.
Premises liability cases are among the most common situations under which fire-related deaths may occur. If a fire starts on the owner’s (or manager’s) premises as a result of maintenance or fire safety violations, they can be held accountable for any injuries and/or deaths that occur as a result. This is often the case in a Philadelphia apartment fire causing wrongful death.
Fire-related deaths can also frequently be traced to faulty products that are defective either in design or materials. Common recent examples include electronics that suddenly catch fire or the recent rash of “hoverboards” that have ignited for no apparent reason. If a faulty product causes a fire, and that fire takes the life of someone you love, the manufacturer of that product may be liable for a Pittsburgh wrongful death settlement.
Employers have a duty to provide safe working conditions for their employees. Unsafe workplace conditions cause many deaths each year, including from fires that began unnecessarily, whether from fire code violations or from dangerous equipment being operated in unsafe conditions. Worker’s Compensation provides a death benefit for the families of employees who are killed in Philadelphia workplace accidents.
Pedestrian fatal accidents
Pedestrian accidents are usually the fault of someone distracted that causes the initial injury, but many of these situations can turn grave quickly and lead to the loss of life. In the wrongful death claim, the surviving family will need to prove that the other party is responsible for the death and will need to pay compensation for the surviving dependents. Statistics of pedestrian-vehicle accidents rise because many people use their cell phones or text while driving a car or passing the intersection or crossing the street. Children and elderly pedestrians are at the highest risk of pedestrian wrongful death because they are not focused on cars and driving rules or not aware of them.
Pedestrians can be injured by:
Trucks and semi trucks
Buses and trams
Common fatal injuries in the pedestrian accidents:
Multiple organs injuries
Spinal cord injuries
Many injuries that could lead to death are through the puncturing of internal organs that are near bones or the point of traumatic force. Blunt force trauma can also rupture organs and cause internal bleeding. If the head slams into anything, a concussion is normally the most minor injury the person will sustain. Traumatic brain injuries are common for a pedestrian hit by a car. Broken bones can also lead to infection, and any of these complications can end the life of the pedestrian in the right circumstances. The doctor or another emergency worker may fail to save the life of the pedestrian if the situation turns dire.
No matter what caused the Philadelphia wrongful death of your loved one contact the Trapani Law Firm. Our Pittsburgh wrongful death attorneys will help you and your family and relieve your stress and trauma. We are available 24/7, you can call us at 610-351-2330 or visit our contact page online.