Someone can only be held responsible for a wrongful death if it can be proved that his or her conduct was the cause of the death. There must be proof that the death would not have occurred without the responsible individual's act.
A drunk driver, for example, might be responsible for a death in an auto accident. There would have to be proof that the driver was intoxicated.
The time between the action of the defendant (the person being sued over the wrongful death) and the death of the decedent (the person who died) is not a factor as long as it can be proved that the defendant's action was the cause of death.
If it can be shown that the decedent was partially responsible for his or death, then he may be found to have comparative or contributory negligence. Dependent upon the state in which the incident occurred, damages may be awarded based on the percentage of negligence imputed to the decedent.
Also, if the decedent failed to seek appropriate medical care and that failure led to his death, there may be no grounds for a wrongful death claim or a reduction to an award.
Wrongful death cases are complicated. We can help. For experienced legal assistance, contact Flager & Yockey, P.C. Our seasoned attorneys serve Northeast Philadelphia, Lower Bucks, the Poconos, Harrisburg and communities throughout Pennsylvania and New Jersey. When you are represented by us, you get an experienced wrongful death attorney who will aggressively fight for your rights. Let our wrongful death lawyers be your advocate and assist you or your loved one with your case.
You deserve justice. Take action now. Call (215) 953-5200 or 1-888-470-1099 today.
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