What Does the Plaintiff Need to Prove in a Wrongful Death Case?

PA Wrongful Death Injury Lawyer | Erie, Edinboro, Warren

After a lawsuit is filed for wrongful death in Pennsylvania, the plaintiff is still responsible for illustrating the elements of a wrongful death claim before any damages can be officially awarded.

Must Prove Negligence Led To The Death

The plaintiff has to show that the defendant was indeed negligent, that the defendant's negligence led to the death of the deceased individual, and meet the burden of proof for showing both of these. It is not enough for the plaintiff to simply demonstrate that the defendant broke the law in some way or breeched his or her duty in any way.

Inaction Also A Form Of Negligence

You must be able to demonstrate the connection between a particular action or lack of action on the defendant's part and the death of the deceased. There are three primary elements that a plaintiff needs to demonstrate in these cases:

  1. Duty of care. The plaintiff has to show that the defendant in some way owed a duty of care to the deceased individual.
  2. Breach of duty of care. The plaintiff also has to illustrate that the defendant in some way breached the duty of care that was owed to the defendant.
  3. You must be able to demonstrate that the defendant's actions, and not potential other causes, were the ultimate factor that led to the death of the deceased individual.

Talk To A Personal Injury Lawyer About Wrongful Death

This is where it is extremely important to have a knowledgeable personal injury attorney helping you with these cases. Wrongful death cases in Pennsylvania can become very complex very quickly. It is imperative that you reach out for legal help from an attorney who is experienced in wrongful death lawsuits.

We Are Here To Help You Through This Difficult Time

Most people grieving the loss of a loved one will experience confusion and sadness when trying to figure out next steps. During this difficult time, you do not need another aspect of your life causing you stress. Instead, you need the insight of an experienced attorney who can help you figure out what's next and how to best protect your interests. Choosing the right Erie wrongful death attorney can have a significant impact on your case.

Schedule a free consultation with a wrongful death attorney at The Travis Law Firm today to discuss your legal rights.