Personal injury lawyers play a crucial role in handling wrongful death cases. Wrongful death occurs when a person dies due to the negligence or misconduct of another individual, company, or entity. The surviving dependents or beneficiaries may be entitled to monetary damages as a result of the defendant’s conduct.
The first step in handling such cases involves establishing that the death was indeed wrongful. Personal injury lawyers work meticulously to gather evidence supporting this claim. This often includes police reports, medical records, witness statements and expert testimony. They investigate every detail of the incident leading up to the unfortunate event and use this information to build a strong case.
Once it has been established that the death resulted from another party’s negligence or intentional act, personal injury lawyers then have to prove duty of care. Duty of care refers to the responsibility one person has to avoid causing harm to another. In wrongful death cases, it must be proven that the defendant owed a duty of care towards the deceased individual.
Following this is proving breach of duty; essentially showing that not only did the defendant owe a duty of care but also acted (or failed to act) in such way that they breached this duty. The lawyer will present evidence showing how an ordinary prudent person would have behaved under similar circumstances and contrast it with how negligently or recklessly the defendant acted.
The next step involves demonstrating causation – connecting breach of duty directly with resulting harm i.e., death in these instances. Lawyers need substantial evidence linking negligent actions directly with their client’s loss for courts awarding compensation.
Lastly, personal injury lawyers must quantify damages suffered by survivors due their loved one’s untimely demise – including lost wages if deceased was primary income earner; funeral expenses; loss consortium/companionship plus any pain suffering experienced by decedent prior passing away.
It should be noted that while pursuing justice for clients is paramount for personal injury lawyers dealing with wrongful death cases, they also provide much-needed support to grieving families. They guide them through the complex legal process, ensure they understand their rights, and help them make informed decisions.
In conclusion, personal injury lawyers play an instrumental role in handling wrongful death cases. Their duties extend beyond mere representation in court; they provide a beacon of hope to bereaved families seeking justice for their loved ones. By meticulously investigating every aspect of the case, proving elements such as duty of care and breach thereof, demonstrating causation and quantifying damages, these professionals work tirelessly towards ensuring that those responsible for wrongful deaths are held accountable for their actions.
Munley Law Personal Injury Attorneys
1617 John F Kennedy Blvd #1690, Philadelphia, PA 19103
12155157747