Wrongful Death

As a result of some negligent or intentional actions, a person may die. The actions may not amount to murder but can still result in death, even through an intentional action or a negligent one. Prior to wrongful death, when a person who was injured died, any claim he or she had against the negligent person or company died with him or her. To get around that, the courts, over time, created the wrongful death action.

Wrongful death is a claim that does not exist until the injured person passes on. The claim is open to the estate or survivors of the deceased person. The benefit of having a claim for wrongful death is that the person who caused the injury and then death of the victim is not allowed to get off without any repercussions.

Some actions that cause the death of another do amount to murder. Wrongful death is much more likely to be successful for an estate than a murder prosecution. This is due in part to the lower burden of proof that must be met. Fortunately for those whose loved ones were killed by someone convicted of murder, that person can stand in court for a wrongful death action as well. This does not interfere with double jeopardy because the person’s freedom or life is not in jeopardy in both cases. In a murder case, the person’s life or freedom is at risk. In a wrongful death action, only his or her bank account is at risk.

Contact a Philadelphia Personal Injury Lawyer

If you have lost a loved one through the negligent or intentional actions of another party, contact a Philadelphia personal injury lawyers of Lowenthal & Abrams at 215-238-1130.