Philadelphia Wrongful Death Attorney

Losing a family member is devastating. A death is more traumatizing when it is caused by someone else’s mistake or action. The loss can cripple a family emotionally and financially especially if the deceased family member was the main breadwinner. 

If you have lost a spouse, child, or parent due to negligence in Pennsylvania, you have the right to file a wrongful death claim. These types of claims arise out of violent car wrecks, drunk driving incidents, workplace accidents at construction sites and factories, medical negligence, and dangerous faulty products.

Wrongful death damages may be awarded for funeral and burial expenses, loss of future income, pain and suffering, loss of consortium (loss of a loved one’s companionship or care), and punitive damages intended to punish the defendant for their reckless conduct.

What defines a wrongful death lawsuit?

Philadelphia wrongful death attorney, Anthony C. Gagliano, III, Esquire, P.C. understands that you have questions about the well-being of your family and the life of your deceased family member. There may be many questions which are still up in the air at this time. Having more questions than answers about a wrongful death claim immediately after the incident took place is not uncommon. Our team of experienced legal professionals is here to help you work your way through those questions so you can have answers that help address your most pressing concerns. 

In Pennsylvania, a wrongful death is defined as one that results from another person’s negligent, intentional or otherwise wrongful behavior. A deceased family member or dependant may file a wrongful death lawsuit to address the circumstances of your loved one’s passing. Damages and other financial compensation may be sought due to the wrongful circumstances associated with his or her death. 

Of course, any financial recovery will not make up for the loss of life you and your family have experienced. Financial compensation for medical bills and funeral expenses are welcomed, but ultimately your concern lies with the well-being of your family and preserving the memory of your deceased loved one. 

Determining who the responsible party is and holding him or her to account is what Anthony C. Gagliano, III, Esquire, P.C. does best. We do so in the interest of doing what is right and in preserving justice in the name of our clients and their families. 

What is the difference between a personal injury and wrongful death case?

Personal injury cases are centered around an injured person initiating a claim against an at-fault party. Examples of a potential at-fault party in a personal injury case include an automobile driver, building owner or proprietor of a small business. Any of these individuals can be responsible for having injured you or a loved one. Multiple people may have acted, or failed to act, in a manner which injured you or a family member. 

When a person suffers an injury, he or she can file a personal injury claim against the responsible party or parties to seek damages in the form of financial compensation. That financial compensation helps address out of pocket expenses related to medical bills and supplemental care which may be necessary like physical therapy. Additionally, injured people may be forced to miss time from work. Compensation in the form of lost wages is an economic damage available to people involved in personal injury lawsuits. 

On the other hand, wrongful death claims can be seen as a personal injury suit that is brought on behalf of a deceased individual who is not able to do so on their own behalf. Wrongful death claims are legal avenues for the survivors of the victim. Whatever harms were suffered as a result of your loved one’s wrongful death can be pursued in a wrongful death claim. Holding an at-fault party accountable for their role in your loved one’s death is at the center of a wrongful death claim. 

Proving the Elements of a Wrongful Death Claim

As in a personal injury claim, to be awarded financial compensation you must be able to prove specific elements within the wrongful death case. 

First, you must prove that the other party had a duty of care towards your deceased loved one. That particular duty of care could have been to honor traffic laws. Or, a business owner’s duty to quickly and completely clean up spills that occur on the grounds of his property. Was your loved one in the class of people to whom a duty was owed by a party or parties? 

Once you establish that there was a duty on the part of someone else towards your loved one you must determine whether a breach of that duty occurred. Did the actions (or inaction of the person in question) constitute a violation of that duty towards your loved one? Did the driver of the vehicle that hit your loved one while he was on a morning walk intoxicated? Did that business owner become aware of the spilled drink but could not pull himself away from another issue in time to clean the spill before your loved one slipped and fell?

Were the actions (or inaction) of the person a cause of the death of your loved one? This is known in the legal world as “causation.” As you would expect, in this stage we are concerned with determining whether the other party was a direct or proximate cause of your loved one dying. 

Finally, what were your loved one’s damages sustained having died wrongfully? On top of that, what damages are there which may be owed to your family? Damages include medical bills, funeral expenses, and lost wages. Winning financial compensation from the responsible party means having a plan. 

Develop a Plan with an Experienced Philadelphia Wrongful Death Attorney

Wanting to right wrongs and achieve justice in a wrongful death claim are noble goals. Nobody who lost a loved one in a wrongful death circumstance wishes their loved-one to have died in vain. However, that does not mean that you should go barrelling into a wrongful death claim without a clear minded plan. Even the best, most honorable intentions will not help you in a wrongful death case by itself. 

Instead, consider contacting experienced Philadelphia wrongful death attorney Anthony C. Gagliano, III, Esquire, P.C. after the death of a loved one. We will help you learn more about the circumstances surrounding the death of your loved one. In addition, we can help you sort through the numerous issues which are inherent in a wrongful death claim. From there, you can make decisions for yourself and your family on how to proceed. 

Right now, your head may be swirling with questions, emotions and uncertainty. You never envisioned a situation where your loved one would die due to a possible wrongful death circumstance. Our team of experienced legal professionals knows how to guide you with knowledge and confidence. Reach out to us today for a free of charge consultation. 

What are the ways a wrongful death attorney can help you?

Not only are wrongful death cases complicated but they are emotional, as well. This is not just any kind of legal case. Rather, you are dealing with the raw emotions which come up with the unexpected death of a loved one. 

On top of this, there are legal considerations to pay attention to which will impact your family for years to come. How you address these subjects determines the degree of financial compensation you are able to win on behalf of your deceased loved one. 

Anthony C. Gagliano, III, Esquire, P.C. advocates on behalf of your deceased loved one by helping you determine who the responsible party is. In a wrongful death case, it should not come as a surprise that people will be looking for any excuse to avoid responsibility. However, the team of legal professionals with Anthony C. Gagliano, III, Esquire, P.C. knows how to hold the correct person or persons responsible for their wrongful behavior. 

First, our legal team helps you evaluate your circumstances to determine whether your potential claim has merit. Not every situation involving the death of a loved one constitutes a valid wrongful death claim. We will help you look at your case as objectively as possible to determine whether the circumstances involved in your loved one’s passing are indicative of a wrongful death claim. 

With years of experience supporting families in wrongful death claims, Anthony C. Gagliano, III, Esquire, P.C. conducts thorough and professional investigations in your loved one’s death. Determining the cause of your loved one’s death will ultimately determine whether it is a wrongful death in the legal definition of this term. Before you invest time and other resources into a legal case, allow our team to help you determine whether this is a wrongful death claim in the first place. 

What role do medical bills play in a wrongful death claim?

Medical bills may, understandably, be a major concern of yours at this time. When you are the loved one of a recently deceased individual, there may be letters, bills and even phone calls being made regarding the payment of any medical bills associated with his or her medical care. Ensuring that the bills themselves are attended to after their passing is a worth concern to have. 

These medical bills are a key to receiving financial compensation at the conclusion of the wrongful death case. However, at the outset it is the medical records associated with your loved one’s care which will impact the case most significantly. In particular, evidence of this type can verify the cause of death as well as the circumstances which led to his or her death. 

There may also be reports that were created at the time of your loved  one’s passing which are important. These incident reports may have been created by a business or law enforcement entity. In certain circumstances your loved one’s passing may have been observed by a witness. That first hand account of what happened can provide clarity and strength to a wrongful death claim. Being able to access these reports may be the difference between a successful and unsuccessful attempt to establish a wrongful death claim. 

What circumstances lead most commonly to wrongful death cases?

Any situation where the death of your loved one was preventable may constitute a wrongful death scenario. Certainly, a thorough examination of the circumstances must be undertaken. A serious matter involving the passing of a loved one requires a confident and well seasoned approach. Look no further for top-notch legal advocacy than Anthony C. Gagliano, III, Esquire, P.C. 

Unfortunately, traffic collisions make up a significant number of wrongful death claims each year. High rates of speed, distracted or intoxicated drivers and the presence of pedestrians on area streets makes traffic collisions a reality for many people in our area. When you consider that many traffic collisions lead to preventable deaths, it is no wonder that the families of many deceased individuals pursue wrongful death claims.

The responsible party for your loved one’s death may be a business owner or operator. These are also known as premises liability cases. When a property owner fails to maintain the safety of their property it is not far-fetched to envision a scenario where a person can suffer catastrophic injuries or even death. Unsafe conditions which may cause the wrongful death of your loved one must be investigated thoroughly.

A leading cause of death in the United States is related to physician error. Medical providers owe their patients a duty of care. As in, if your loved one passed away due to an incorrect prescription being filled or because a mistake was made during surgery then a wrongful death claim may be appropriate.  

Recent Wrongful Death Recovery

Mr. Gagliano recently recovered a settlement of $1,140,000.00 for the mother of a twenty (20) year old Montgomery County motorcyclist who died as a result of motorcycle accident. 

If you have lost a loved one due to someone else’s wrongdoing or negligence, you will need an experienced Pennsylvania wrongful death lawyer to fight for you. The deadlines for filing wrongful death lawsuits in Pennsylvania are time sensitive and missing a filing deadline will bar your wrongful death claim forever. 

Work with a Philadelphia Wrongful Death Attorney Who Cares About Families

It is advisable to retain a lawyer after a serious accident. Any accident can cause catastrophic injuries and financial losses, but a lawyer can advocate on your behalf. A Philadelphia wrongful death attorney at Anthony C. Gagliano III, P.C. will determine who is liable for your accident and guide you through your claim. Contact us online or call us at 267-861-7100 for a free consultation about your case. We are located in Philadelphia, and we serve clients throughout Montgomery County, Delaware County, and Norristown.

Figuring out where to go from here is always a complex question for individuals like you whose family member recently passed away. There are immediate concerns about being present and accountable for grieving family members. Remembering the highlights of your loved one’s life and doing what is possible to preserve their memory are likely among your foremost goals. 

However, while all of those goals are commendable, they do not necessarily help you manage a complex legal case like a wrongful death claim. Finding the responsible party, engaging with him or her directly and then negotiating is how an experienced Philadelphia wrongful death attorney assists you. Our team of legal professionals takes nothing for granted when it comes to preparing for your case. 

Contact our office today to schedule a free of charge consultation. These are hassle free, no commitment conversations with an attorney who knows wrongful death cases backwards and forwards. To learn more about our team and how we can help you in a wrongful death scenario please consider contacting us today. Anthony C. Gagliano, III, Esquire, P.C. is on your side.