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KaplunMarx Wrongful Death Cases
Wrongful death cases can be devastating for families and loved ones who have lost a loved one due to the negligence or wrongdoing of another party. If you have lost a loved one in Pennsylvania or New Jersey, it's important that you talk to one of our attorneys before pursuing a claim.
At KaplunMarx, our legal team has extensive experience handling wrongful death cases and has a proven track record of successfully holding responsible parties accountable and securing fair settlements for families.
We have handled cases arising out of a number of wrongful death causes including medical malpractice, car accidents, criminal acts, and workplace accidents. Our legal team will conduct a thorough investigation to determine the cause of your loved one's death and build a strong case to hold those responsible accountable.
We understand that losing a loved one is a difficult and emotional time. Our legal team is dedicated to providing compassionate and personalized representation to help families navigate the legal process and secure the compensation they deserve. We will work closely with you to ensure that your rights are protected and that your loved one's memory is honored.
Don't hesitate to get the help you need. Contact us today for a free consultation and let us help you get the justice and compensation you deserve. Our experienced legal team is here to help you navigate the complex legal process and ensure that those responsible for your loved one's death are held accountable.
Why You Should Talk To Us First
✓ 98% Success Rate - Attorneys with a track record that shows they personally care about every case and go the extra mile every time.
✓ No upfront costs - we front all of the legal fees and get paid on performance. In fact, we don't get paid unless you win
✓ We are local and we KNOW Pennsylvania's system - Just because a firm gets a license to practice law here and buy up a bunch of bill boards around town doesn't mean that they have real experience fighting cases in PA's legal system every day. We are a locally based firm with attorneys that focus on Pennsylvania injury cases. We eat, drink and breath this every day.
✓ We are not intimidated by litigation- We do not allow insurance carriers to strong arm, intimidate or stagnate claims. We will not hesitate to take them to court to fight for you when needed.
✓ No shortcuts - we go the extra mile to make sure that you get the highest compensation possible rather than settling right away as many injury firms do.
✓ We focus on you, not on getting the most cases in town like the guys on the billboards.
✓ Proprietary methods of case management for your very best client experience and ensure greater odds of success compared to high volume, low-touch firms.
✓ Talk directly to your attorney instead of getting passed off on case managers (if you've ever been through a car accident case, you'll know how valuable this is).
✓ We're consistently rated 5 stars by clients and have over 450 5-star reviews for a reason.
✓ No cost consultations we'll help you find out if you have a case. If you don't, we'll help point you in the right direction. Win-win.
✓ We get results without compromising service - It's not easy to find a firm that provides our brand of one-on-one service but which has the resources to get results that smaller practices may not be able to.
The term “wrongful death” refers to a death that occurred as a result of the negligence of some other party. Examples include fatalities caused by car accidents, negligent property owners, boating accidents, defective products, and medical errors.
These losses can be devastating, but fortunately, help is available. If you have lost a loved one in a tragic and unexpected accident, the skilled Philadelphia wrongful death lawyers at KaplunMarx are ready to fight for you. Contact a Philadelphia wrongful death lawyer today at 215-939-4895.
What is a Wrongful Death Claim?
The grieving loved ones may have the right to file a wrongful death claim against the party that is responsible for the victim’s death. The purpose of this claim is to help the victim’s loved ones hold the at-fault party accountable and recover compensation for their losses. Basically, a wrongful death claim is like a personal injury claim except the victim is deceased.
What Are The Elements of Wrongful Death Cases?
There are several elements that must be proven in order to recover compensation in a wrongful death case. First, the plaintiff must prove that the at-fault party owed a duty of care to the victim.
A duty of care is a legal obligation to act in a way that does not put others in danger of harm. For example, every driver on the road owes a duty of care to other drivers.
Next, the plaintiff must prove that the defendant breached this duty of care by acting in a negligent or careless manner. If a driver was operating a vehicle while intoxicated, for example, this would be a breach of the duty of care he owes to other drivers.
Proving that the defendant breached the duty of care is not enough to win compensation. A wrongful death attorney in Philadelphia can help plaintiffs with the next step, which is proving that the breach of duty directly caused the victim’s death.
If this link is not established, the plaintiff will not recover compensation for their losses. This is the key to winning compensation, so you will need an attorney’s guidance to ensure you do not make any mistakes that could affect the outcome of your case.
Wrongful Death vs. Survival Action In PA
Two legal claims may arise following the death of a loved one: a wrongful death claim and a survival action. A wrongful death claim is designed to award the victim’s loved one's compensation for the losses they have suffered as a result of the victim’s death. For example, a child that lost his mother may be awarded compensation for his loss of love and parental guidance.
On the other hand, a survival action is designed to award compensation to the victim’s loved ones for losses the victim would have suffered if he was still alive. For instance, a survival action may compensate the victim’s family for the loss of income that the victim suffered between the date the accident occurred and the date of death. If you have lost a loved one in a tragic accident, it’s imperative to explore both of these legal options with your lawyer to ensure you recover the maximum amount of compensation available.
Is A Wrongful Death Lawsuit Civil or Criminal?
An accidental death lawsuit is a civil case, not a criminal one. This means that the defendant will not face jail time or other criminal penalties at the end of the case, but he could be ordered to compensate the victim. Because it is a civil case, a wrongful death lawsuit will also not determine if the defendant is guilty of a crime.
It’s important to note that many defendants who are involved in civil wrongful death cases are also involved in criminal cases. For example, a drunk driver who kills someone may be involved in both a civil wrongful death case and a criminal DUI case as a result of his actions. If the defendant is found guilty in his criminal case, this verdict can be used to prove his negligence in the civil case.
Who Can Sue For Wrongful Death in Pennsylvania?
In Pennsylvania, the only person that is allowed to file a wrongful death claim is the personal representative of the deceased’s estate. This can either be someone who was named in the victim’s will or another party that is appointed by the court after the victim’s death.
It’s important to note that the personal representative files the claim on behalf of the victim’s beneficiaries. In Pennsylvania, this can include the victim’s spouse, children, and parents.
If the personal representative successfully recovers compensation, it will be distributed between these beneficiaries. These beneficiaries also have the right to file the lawsuit on their own if the personal representative fails to do so within six months following the victim’s death.
How Long Does A Wrongful Death Case Take to Resolve?
The time that it takes to resolve a wrongful death case can vary depending on a number of factors. Some cases are more complex than others, which means they will usually take longer to resolve.
Another factor that affects the time it takes to resolve a case is the at-fault party’s insurance company. If the liable party is willing to negotiate, both parties may agree to settle the case outside of the courtroom within a matter of a few months.
However, sometimes the liable party is not willing to make a fair offer, so your attorney may end the negotiations and take your case to trial. It can take months and months–sometimes, even years–to reach a resolution in cases that end up in court.
How Much Are Wrongful Death Cases Worth?
The value of an accidental death claim varies on a case-by-case basis. To calculate the value of a claim an attorney will look at these factors:
- Medical bills incurred prior to the victim’s death
- Funeral expenses
- To what extent the victim financially supported his family
- The victim’s income and future earning potential
- Value of the household services the victim provided such as childcare cooking and cleaning
- Loss of love affection and guidance suffered by the family as a result of the victim’s death
Analyzing these factors can help an attorney determine the value of your loss which is the value of your claim.
How to Find A Wrongful Death Attorney in Philadelphia
There are a lot of attorneys that handle wrongful death claims in this state but it is important to take the time to find the right one for your case. Ask people whom you trust such as friends family members and colleagues for recommendations. You may also want to reach out to the local bar association to see if they can provide you with a list of attorneys near you.
Conduct your own research online before contacting any of the attorneys on your shortlist. Make sure to read each attorney's online reviews so you can see what former clients say about their experience with each law firm. Then schedule a consultation with each attorney that is still under consideration.
This will give you an opportunity to learn more about the attorney and what to expect when working together before you make your decision. By following these steps you can find the best wrongful death lawyers in Philadelphia.
Contact Our Compassionate Philadelphia Wrongful Death Lawyers Today
Have you lost a loved one as a result of someone else’s negligence? Taking legal action may be the last thing on your mind but it's important to act quickly.
Speak with an experienced Philadelphia wrongful death lawyer at KaplunMarx at once. You will be represented by lawyers with vast knowledge of the law that allows us to obtain maximum compensation either by negotiating a settlement or taking your case to trial.
Our focus is on getting the best results for our clients. Schedule a free consultation with our Philadelphia wrongful death lawyers on our team by calling or filling out the form on our website.
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Personal Injury Lawyers
in Pennsylvania and New Jersey
Our Lawyers Fight for Maximum Compensation
Our duty is to hold the insurance company responsible for the maximum amount of compensation owed to you. Studies have shown that hiring an experienced attorney can lead to more than 3.5x the amount of compensation! Our legal team is aggressive in court and compassionate with our clients. It's not your fault you are injured, and we want to make sure those at fault are held responsible.
We Work With Doctors to Lower Your Medical Bills
The local medical community has a good working relationship with us. The doctors we recommend are not only experienced in treating serious injuries, but many are willing to work with us to negotiate your medical bills down to put more money into your pocket.
We Make it Easier to Find Medical Treatment
Whether you have health insurance or not, our goal is to help you get in quickly with medical care professionals and specialists.
We Protect Our Clients' Rights
Insurance companies are notorious for using underhanded practices that lower your case's value or deny your claim altogether. So, when you hire us, we will act as a barrier between you and the insurance company, ensuring they can't contact you regarding your injuries without going through us first.
You Will Not Be Alone During This Process
We know the personal injury claims process is complicated. Our team is here to guide you every step of the way and answer your questions anytime.
Our Law Firm Has Stellar Reviews
What People Say
Providing clients with exceptional service is a core value at KaplunMarx personal injury law firm in Pennsylvania and New Jersey. Take it from our satisfied client testimonials.
"I went through a lot when I was in my accident. Ted was professional and concerned about how I was doing...
...The office staff is extremely friendly and quick to assist your needs. They not only contacted me for updates, they checked in on my wellbeing. I can't express how grateful I am for their kindness and professionalism. I've never seen an attorney's office that cares as much as they do for their clients. I highly recommend their office and personally vouch that Ted Kaplun is a great attorney to have."