Reading Wrongful Death Lawyer

Personal Injury Lawyers / Reading Personal Injury Lawyer / Reading Wrongful Death Lawyer

Losing a loved one is an unimaginably painful experience, which is made even more devastating when their death is caused by someone else's wrongful actions. At Munley Law Reading personal injury law offices, we understand the overwhelming grief and confusion that accompanies such a loss. Our dedicated wrongful death attorneys are here to help you navigate this difficult time and secure the financial compensation your loved one and family deserve.

Wrongful death cases often arise from acts of negligence, such as medical malpractice, car accidents, or workplace incidents. In some situations, the wrongful act is intentional, potentially leading to criminal prosecution in addition to civil claims.

The damages in a wrongful death case can encompass both financial losses, such as lost income, funeral expenses and medical expenses, and compensation for pain and other non-economic injuries, including emotional anguish and loss of companionship.

Our compassionate and experienced wrongful death attorneys at Munley Law are here to help you seek justice and hold the responsible parties accountable. Contact our experienced lawyers today for a free consultation.

A wrongful death lawsuit will not bring your loved one back, but we hope the financial support will help ease the emotional burden of your loss.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action brought by the surviving family members or representatives of a deceased person against the individual, company, or entity responsible for the person's death. This type of lawsuit seeks to obtain compensation for the survivors' losses, which can include both economic and non-economic damages.

Key Aspects of a Wrongful Death Lawsuit:

Basis of the Claim:
Negligence: Many wrongful death claims arise from accidents or incidents where the responsible party failed to exercise reasonable care. This can include car accidents, medical malpractice, workplace accidents, and defective products.
- Intentional Acts: In some cases, the death may result from intentional acts such as assault or murder, which may also involve criminal prosecution.
Eligible Plaintiffs:
Typically, immediate family members such as spouses, children, and parents of the deceased are eligible to file a wrongful death lawsuit.
- In the absence of immediate family, other relatives or dependents who were financially dependent on the deceased may be allowed to file a claim.
Types of Damages:
Economic Damages: These include quantifiable financial losses such as medical expenses incurred prior to death, funeral and burial costs, loss of future income and benefits, and loss of inheritance.
- Non-Economic Damages: These cover intangible losses like pain and suffering, loss of companionship, emotional distress, and loss of guidance and support.
Burden of Proof:
In a wrongful death lawsuit, the plaintiffs must prove that the defendant's actions or negligence directly caused the death of their loved one. This typically requires presenting evidence such as witness testimonies, expert opinions, and documentation of the incident.
Statute of Limitations:
There is a limited time frame in which a wrongful death lawsuit can be filed, known as the statute of limitations. This period varies by state and the specifics of the case, so it is important to act promptly to preserve the right to seek compensation.

Purpose of a Wrongful Death Lawsuit:

The primary goal of a wrongful death lawsuit is to provide financial relief and justice to the surviving family members. It holds the responsible parties accountable for their actions and helps alleviate some of the financial burdens resulting from the untimely death of a loved one. Although no amount of money can replace the loss, a successful wrongful death claim can offer some measure of comfort and security to the grieving family.

The Most Common Causes of Wrongful Death

Wrongful death can result from various situations where someone's negligence or intentional actions lead to another person's death. Here are some of the most common causes of wrongful death:

1. Automobile Accidents:

Car Accidents: Negligent driving behaviors such as speeding, distracted driving, driving under the influence, and reckless driving often result in fatal car accidents.
Truck Accidents: Due to their size and weight, trucks can cause severe accidents, often due to driver fatigue, improper maintenance, or violation of trucking regulations.
Motorcycle Accidents: Motorcyclists are particularly vulnerable on the road, and accidents caused by negligent drivers can easily result in fatalities.

2. Medical Malpractice:

Misdiagnosis or Delayed Diagnosis: Failure to diagnose a serious condition can lead to untreated diseases progressing to a fatal stage.
Surgical Errors: Mistakes made during surgery, such as operating on the wrong site or leaving instruments inside the body, can be fatal.
Medication Errors: Incorrect prescriptions or dosages can cause deadly reactions or overdoses.

3. Workplace Accidents:

Construction Accidents: Falls from heights, equipment malfunctions, and exposure to hazardous materials are common causes of fatal construction site accidents.
Industrial Accidents: Factories and plants often involve heavy machinery and dangerous substances, leading to fatal accidents if safety protocols are not followed.

4. Defective Products:

Product Liability: Manufacturers can be held liable for deaths caused by defective products, including faulty vehicles, dangerous drugs, or unsafe consumer products.
Safety Equipment Failures: Malfunctions in safety equipment such as airbags, seat belts, or medical devices can lead to fatal injuries.

5. Premises Liability:

Slip and Falls: Property owners can be held responsible for fatal injuries resulting from dangerous conditions on their premises, such as slippery floors or unmarked hazards.
Swimming Pool Accidents: Drownings can occur due to lack of supervision, inadequate fencing, or faulty pool equipment.

6. Criminal Acts:

Homicide: Intentional acts of violence, including murder, can result in wrongful death claims against the perpetrator.
Assaults: Fatal injuries resulting from physical assaults may also lead to wrongful death lawsuits.

7. Nursing Home Neglect and Abuse:

Neglect: Failing to provide necessary medical care, proper nutrition, or a safe environment can lead to fatal conditions for elderly residents.
Abuse: Physical, emotional, or sexual abuse in nursing homes can result in the wrongful death of vulnerable residents.

8. Aviation Accidents:

Plane Crashes: Fatal aviation accidents can result from pilot error, mechanical failure, or negligence in aircraft maintenance and operations.

9. Public Transportation Accidents:

Train and Bus Accidents: Negligence on the part of operators, maintenance crews, or the transportation company can lead to fatal accidents involving passengers and pedestrians.

10. Boating Accidents:

Recreational Boating: Negligence by boat operators, lack of safety equipment, or failure to adhere to boating regulations can cause fatal accidents on the water.

How A Wrongful Death Lawyer in Reading, PA Can Help

Losing a loved one due to someone else's negligence or wrongful actions is an incredibly traumatic experience. Here's how a wrongful death lawyer at Munley Law can help:

1. Thorough Investigation

Gathering Evidence: A wrongful death lawyer will conduct a thorough investigation to gather all necessary evidence, such as police reports, medical records, witness statements, and expert testimonies.
Establishing Liability: Your lawyer will work to establish the liability of the responsible party, proving how their actions or negligence led to the death of your loved one.

2. Calculating Damages

Economic Damages: This includes quantifiable financial losses such as funeral and burial expenses, lost income and benefits, and medical expenses incurred before death.
Non-Economic Damages: These cover intangible losses like pain and suffering, loss of companionship, emotional distress, and loss of guidance and support.

3. Negotiating with Insurance Companies

Handling Communications: Dealing with insurance companies can be stressful. A wrongful death lawyer will handle all communications, ensuring that you do not have to deal with the pressure of negotiation.
Maximizing Compensation: Munley Law will negotiate aggressively with insurance companies to secure the maximum possible compensation for your loss.

4. Litigation Support

Filing the Lawsuit: If a fair settlement cannot be reached, a wrongful death lawyer will file a lawsuit on your behalf.
Court Representation: We will represent you in court, present a compelling case to the judge and jury, and fight for the justice your family deserves.

6. Providing Peace of Mind

Managing Deadlines: A wrongful death lawyer will ensure all legal deadlines are met, including the statute of limitations for filing a wrongful death claim.
Handling Legal Details: Your attorney will manage all legal paperwork and procedural details, allowing you to focus on healing and grieving.

7. Personalized Legal Strategy

Tailored Approach: Every wrongful death case is unique. A skilled lawyer will develop a personalized legal strategy based on the specific circumstances of your case.
Resource Access: Your Munley law wrongful death lawyer will have access to a network of experts, including medical professionals, accident reconstructionists, and economists, to strengthen your case.

What Compensation Can I Get for a Wrongful Death Suit?

Filing a wrongful death suit can help the surviving family members obtain compensation for various losses resulting from their loved one's untimely death. Here are the types of compensation you can typically seek in a wrongful death lawsuit:

1. Economic Damages

a. Funeral and Burial Expenses:

Coverage for costs associated with the funeral service, burial, or cremation.

b. Medical Expenses:

Reimbursement for medical bills incurred for the treatment of the deceased before their death.

c. Loss of Income:

Compensation for the deceased's lost wages and potential future earnings that the deceased would have provided if they had lived.

d. Loss of Benefits:

Compensation for the loss of benefits such as health insurance, retirement benefits, and pension plans that the deceased would have contributed to or received.

2. Non-Economic Damages

a. Pain and Suffering:

Compensation for the physical and emotional pain and suffering experienced by the deceased before death.

b. Loss of Companionship:

Compensation for the surviving family members' loss of the deceased's companionship, love, and emotional support.

c. Emotional Distress:

Compensation for the emotional trauma and grief suffered by the surviving family members due to the loss of their loved one.

d. Loss of Consortium:

Compensation for the loss of intimacy, affection, and partnership suffered by the surviving spouse.

3. Punitive Damages

In cases where the defendant's actions were particularly egregious or reckless, punitive damages may be awarded. These are intended to punish the responsible party and deter similar conduct in the future.

4. Loss of Services and Support

Compensation for the value of services and support the deceased would have provided, such as childcare, household chores, and other contributions to the family's well-being.

5. Loss of Inheritance

Compensation for the loss of inheritance that the surviving family members would have received if the deceased had lived and continued to accumulate assets.

How is Compensation Determined?

The amount of compensation awarded in a wrongful death suit can vary significantly based on several factors, including:

The Age and Health of the Deceased: Younger individuals and those in good health may result in higher compensation due to their longer expected lifespan and earning potential.
The Deceased's Income and Earning Capacity: Higher-income earners or those with significant earning potential may result in higher compensation for lost income and benefits.
The Relationship to the Deceased: The closeness of the relationship between the deceased and the claimant can influence the amount awarded for non-economic damages.
Circumstances of the Death: The specifics of how the death occurred, including the degree of negligence or intentional misconduct involved, can impact the compensation.

Call The Reading Wrongful Death Attorneys of Munley Law.

If you have tragically lost a loved one due to the negligence or actions of another party, you deserve the relief that a wrongful death lawsuit can bring.

Call Munely law wrongful death lawyers at our Reading law offices today for your free consultation.

Munley Law has more than 60 years of experience protecting the rights of Pennsylvania residents. We will not stop fighting until we win the financial compensation you deserve. Call or message us today for a free case evaluation.