Springfield Wrongful Death Lawyer

The Basics of Wrongful Death Cases in Springfield

A wrongful death claim arises when a person loses their life due to another individual or entity’s negligence or intentionally harmful acts.

These fatal incidents cover a wide range of situations, including:

• Car accidents.
• Medical malpractice.
• Workplace accidents.
• Cases of intentional violence.

Identifying the wrongful act that caused the death is the initial step in filing a wrongful death claim.

To pursue a wrongful death claim in Springfield, you must prove that the defendant had a duty of care to the deceased, that the defendant breached that duty through negligence or intentional acts, and that this breach directly resulted in the death.

You also need legal standing, which means demonstrating that the death affected you directly.  For this reason, a representative of the deceased’s estate usually files the claim on behalf of surviving family members and other affected parties.

Potential Responsible Parties in a Springfield Wrongful Death Lawsuit

Various parties may be responsible in wrongful death cases. Your loved one may pass due to injuries incurred in a car crash that someone else caused; a corporation may have kept an unsafe workplace that led to injuries causing death; or a hospital’s medical malpractice may be the cause of the fatality. Even the government may be responsible if the accident occurred on its property and someone acting as a government agent failed in their duty.

The type of evidence you need and the approach you use to pursue a claim may vary depending on the potentially responsible parties; therefore, working with a law firm experienced in this type of case, such as TopDog Law Personal Injury Lawyers, is important.

The Process of a Wrongful Death Claim

The specifics of your case may influence the process you use to pursue a wrongful death claim. You should, however, start by hiring a lawyer who can gather evidence on your behalf to establish liability.

Your attorney may then decide to file a complaint in court, after which they’ll exchange information in the discovery process. If your lawyer and the defendant cannot reach a settlement, the case may go to trial, and the presented facts and evidence will determine its outcome.

Wrongful Death Claim vs. Survival Action in Pennsylvania

In Pennsylvania, your lawyer can help you submit two separate claims when a loved one passes due to another party’s negligence or misconduct. These include:

• A wrongful death claim allows family members and other beneficiaries of the deceased to recover damages for the losses related to the death itself. In other words, you can receive compensation because the passing of your loved one damaged you.
• A survival action is a claim that comes from the estate of the deceased. Pennsylvania law allows the estate to file this claim if the injured party filed a personal injury lawsuit before their death. A survivor action claim focuses on the victim’s pain and suffering prior to their death and allows the estate to act on the injured party’s behalf. It can help you recover medical bills, lost income, and other compensation for the time between the injury that caused the fatality and the death itself.

A wrongful death claim and survivor action have to be separate, but the same person can file them. Work with an attorney in our Springfield network to see if you may be eligible to file one or both claims and recover the damages from losing your loved one.