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The Lawyers at The Law Offices of Greg Prosmushkin, P.C., in Philadelphia handle Car Accident & DUI & Criminal and Traffic Tickets in Pa & NJ
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215-543-7220 9637 Bustleton Avenue Philadelphia , PA 19115
609-257-4976 1142 Brunswick Avenue Trenton , NJ 08638
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Philadelphia Wrongful Death Lawyer

Wrongful deaths are heart-rending occurrences, and surviving family members have to deal with legal entanglements, insurance claims, and estate administration while dealing with processing grief. This is an extremely difficult time for survivors and one of the best things that individuals can do is consult with a Philadelphia attorney to help you take care of the logistical and legal concerns during this sensitive time. At The Law Offices of Greg Prosmushkin, P.C. our wrongful death claims involve a thorough investigation into the facts of the case, gathering details, consulting with medical professionals and negotiating with insurance companies.

Losing a family member is a devastating experience, one which is compounded when the death is the result of the reckless, negligent, or deliberate behavior of another. If your loved one’s life was cut short as the consequence of another’s conduct, you can pursue a claim for wrongful death. We understand and empathize with our clients who have lost a loved one, which is why The Law Offices of Greg Prosmushkin, P.C. is here to work with, and for, you. Contact our office to schedule a free consultation with one of our Wrongful Death Lawyers today.

What Constitutes a Wrongful Death?

To constitute a wrongful death, there are three elements which need to be satisfied:

  1. The death of an immediate family member (including spouses, children, and parents);
  2. That the death was caused by the negligence, carelessness, recklessness, or intentional acts of another; and
  3. That a family member has or will experience financial or emotional hardship as a result of the death.

The Wrongful Death Lawyers at The Law Offices of Greg Prosmushkin, P.C. will evaluate these elements, as well as other relevant state law, in order to determine what compensation you are entitled to. We will then advise you accordingly, and zealously pursue recovery from those parties responsible.

Wrongful Death Scenarios

A wrongful death may be the result of a great number of circumstances. Work-related accidents, vehicular accidents, and medical errors are among the most common.

  • 4,600 work-related deaths occur every year as the result of dangerous machinery, electrocution, falls, etc.
    • Some industries are riskier than others, and employers need to ensure that their workers have the equipment and training necessary to perform their jobs safely.
    • According to the Bureau of Labor Statistics, the most dangerous jobs in the country include:
      • Fishers and related fishing workers
      • Logging workers
      • Aircraft pilots and flight engineers
      • Roofers
      • Refuse and recyclable material collectors
      • Structural iron and steel workers
      • Driver/sales workers and truck drivers
      • Farmers, ranchers, and agricultural workers
      • Landscaping supervisors and groundskeepers
      • Electrical power-line installers and repairers
  • Hundreds of thousands of vehicular accidents result in tens of thousands of fatalities each year.
    • The NJ Department of Transportation tells us that there were 270,231 total crashes reported across the state during the latest reporting year. Out of those crashes, there were:
      • 61,753 injuries
      • 624 fatalities
    • For the latest reporting year in the US, there were more than 10,000 vehicle crash deaths caused by drunk drivers. Those who choose to drive impaired should always be held accountable for their actions.
    • Distracted driving is becoming more and more of a problem, especially as smartphones continue to rise in importance for everything we do. All too often, we deal with crash fatalities that were caused due to distracted driving.
  • Medical negligence is the third leading cause of death in America (falling only behind predictable killers in heart disease and cancer). Hundreds of thousands of people go to the hospital each year, only to die in part due to otherwise preventable harm. A Southampton wrongful death attorney is ready to help with these cases.
    • Johns Hopkins researchers say that around 250,000 people are killed in the US each year due to medical mistakes.
    • Common medical mistakes include: medication errors, surgical mistakes, failure to diagnose/misdiagnosis, healthcare-acquired infections, early discharge from the hospital, birth injuries, and more.
  • 22,000 people are killed every year as a result of defective or faulty products.

A quick look at the website that tracks all recalls in the United States will show you that every industry has faulty products that can lead to consumer injuries or fatalities. These products often have a faulty design, are damaged during manufacturing, or have labels that are incomplete or misleading to consumers. A Trenton wrongful death lawyer can help you through these claims.

These are but a few common causes of wrongful death. If you have any inkling that your loved one may have suffered a wrongful death scenario, you should contact a personal injury attorney immediately.

The Law Offices of Greg Prosmushkin, P.C. can help you to file a wrongful death action, and pursue damages against the aggrieving party. No amount of money can make you whole again after you have suffered such a loss, but you and your family deserve to be compensated, so that you can, at the least, financially cope with what lies ahead, and so that a message is sent that grossly irresponsible behavior will not be tolerated. Call today to schedule a free consultation with one of our wrongful death lawyers.

More than 130,000 Americans die as a result of preventable accidents each year. Losing a family member is always a painful and heart-wrenching experience, but even more so when the death was caused by another person or entity’s negligent act or carelessness.

While there’s absolutely nothing wrong with wanting to get detached from the outside world to cope with the loss of your spouse, parent, child, or another family member, our Philadelphia wrongful death attorney who provides legal services at The Law Offices of Greg Prosmushkin, P.C., warns you against waiting too long to bring a wrongful death claim.

After all, you and other family members might be entitled to compensation for the damages and losses caused by your loved one’s death. Sure, it may seem like you do not need any money at this point and you could not care less about settlements and verdicts, do not be naïve to think that the loss of your loved one is not going to impact your family’s financial well-being in the long-term perspective.

How Are Damages Distributed in a Wrongful Death Case?

If you are still coping with the loss of your loved one, the legal process to seek financial compensation for the economic and non-economic damages and losses caused by your family member’s death may seem very confusing.

One of the first questions that our Philadelphia wrongful death lawyer gets asked by surviving family members is, “How will damages be distributed in my wrongful death action?” You have every right to know the answer to this question. In Pennsylvania, distributing the money to the beneficiaries in a wrongful death case is carried out in compliance with inheritance laws in our state.

What Do I Need to Prove to Win a Wrongful Death Claim?

The legal process of recovering damages for your loved one’s death is similar to the process of seeking compensation for your personal injury. Thus, you will have to prove the same basic legal elements that would need to have been proven by your loved one in a personal injury claim had he or she lived.

“You will have to prove that the defendant was negligent and that this negligence caused your loved one’s death,” explains our Philadelphia wrongful death attorney from The Law Offices of Greg Prosmushkin, P.C.

What to Do if the Deceased Had Filed a Personal Injury Claim Before Death?

If your loved one filed a personal injury claim prior to his or her wrongful death, you and all other surviving beneficiaries in your wrongful death case can receive the damages recovered in the personal injury claim plus any additional damages that will be recoverable through a wrongful death lawsuit.

Should I Accept a Wrongful Death Settlement Offered by the Insurance Company?

Absolutely not, unless you are certain that the settlement reflects the real value of your wrongful death case. Otherwise, it is not advised to settle a wrongful death claim without talking to a Philadelphia wrongful death lawyer first.

More often than not, insurance companies offer to settle a claim for as little as possible within days or weeks after the death so that the surviving family members do not have sufficient time to consult with an experienced lawyer and evaluate how much their damages and losses are worth.

If you have more questions, do not hesitate to speak with our best wrongful death attorneys in Pennsylvania. Our team of professional and compassionate lawyers here at The Law Offices of Greg Prosmushkin, P.C., offer a free consultation over the phone. Call at 215-543-7220 to get your free case evaluation.

This content was written on behalf of Greg Prosmushkin.