Kennett Square Wrongful Death Lawyer

Losing a loved one due to negligence is heartbreaking and life-altering. While no legal action can bring them back, a wrongful death claim can provide financial security for your family and hold the responsible party accountable. At Kingbird Legal, our Kennett Square wrongful death lawyer understands the emotional and financial toll of losing a loved one unexpectedly. We will fight to secure compensation for funeral costs, lost income, medical bills, and the pain and suffering caused by your loss. Wrongful death claims can arise from car accidents, medical malpractice, workplace incidents, and more, and we are prepared to handle even the most complex cases. Let us take on the legal burden so you can focus on grieving and healing. Call 484-289-4880 today for a free consultation, and let us help you pursue justice for your loved one.

Can You File a Wrongful Death Claim If the Victim Had a Role in the Accident?

Losing a loved one is one of the most challenging experiences anyone can face. When the death occurs due to an accident, it can be even more difficult to navigate the emotional and legal complexities that follow. One question that often arises in such cases is whether a wrongful death claim can still be filed if the deceased was partially at fault for the accident that led to their death. In Pennsylvania, the answer is not always straightforward, as several factors can affect the viability of a wrongful death claim when the deceased person shares some responsibility for the incident.

Understanding Wrongful Death in Pennsylvania

Under Pennsylvania law, a wrongful death occurs when someone’s negligence or wrongful act leads to another person’s death. This can arise from a variety of incidents, such as car accidents, slip and falls, workplace accidents, or medical malpractice.

In a wrongful death case, the surviving family members or representatives of the deceased person’s estate can file a lawsuit to seek compensation for the loss of their loved one. Compensation can cover a range of damages, including funeral expenses, loss of companionship, and lost future income.

To win a wrongful death claim, the plaintiff must generally prove the following elements:

Negligence or Wrongful Act: The defendant’s actions or lack of action caused the death.
Causation: The defendant’s conduct directly resulted in the victim’s death.
Damages: The surviving family members or beneficiaries suffered financial and emotional harm due to the death.

However, what happens if the deceased person played a role in the accident that led to their death? How does shared fault impact a wrongful death claim?

The Role of Comparative Fault in Pennsylvania

Pennsylvania follows a legal doctrine known as comparative negligence (also referred to as comparative fault). Under this principle, if both parties (the deceased and the defendant) share responsibility for an accident or injury, their degree of fault will be considered when determining compensation.

In Pennsylvania, the comparative negligence rule is modified to allow for claims even when the victim is partially at fault. Specifically, the law follows a modified comparative negligence standard, which means that the deceased person’s fault will reduce the amount of compensation awarded, but the claim can still proceed as long as the deceased person is not found to be more than 50% at fault for the incident.

How Does Shared Fault Affect Wrongful Death Claims?

In wrongful death cases, shared fault can complicate the legal process. If the victim was partially responsible for the accident, the amount of compensation awarded may be reduced based on their degree of fault. Here’s how it works:

If the deceased is 50% or less at fault: A wrongful death claim can still be filed, and the amount of compensation will be reduced by the percentage of fault assigned to the deceased. For example, if the deceased is found to be 30% responsible for the accident, their compensation will be reduced by 30%. If the total damages awarded are $500,000, the family would only receive $350,000 (after the 30% reduction).
If the deceased is more than 50% at fault: Under Pennsylvania law, if the deceased is found to be more than 50% at fault for the accident, the wrongful death claim cannot proceed. In this case, the plaintiff would be barred from recovering any damages in a wrongful death lawsuit.

This means that even if the victim shared some responsibility for the accident, there is still the possibility of recovering compensation. However, the more fault attributed to the deceased, the less compensation the survivors will receive.

Common Scenarios Involving Shared Fault

Several common scenarios can result in shared fault in wrongful death cases. Some of these include:

Car Accidents: If the deceased was involved in a car accident and was found to be speeding or not wearing a seatbelt, their fault might be considered as a contributing factor. However, if the other driver was also negligent—such as running a red light—the deceased’s fault could be reduced.
Slip and Falls: In cases where the deceased slipped and fell due to a hazardous condition on someone’s property, their actions may be partially at fault. For instance, if the deceased was not paying attention or was engaging in risky behavior, their fault might be considered in the overall analysis.
Workplace Accidents: Sometimes, an employee may be partially responsible for an accident at work, for example, by failing to follow safety protocols. However, if the employer’s negligence also contributed to the accident, the employee’s fault could be weighed against the employer’s liability.
Medical Malpractice: In cases where a victim’s death was caused by medical malpractice, the deceased might have played a role in their own death by not following medical advice. In these cases, comparative negligence can reduce the amount of compensation awarded to the family, depending on the victim’s degree of fault.

In all of these cases, the key issue is determining how much responsibility the deceased person had in the event. This is often a complex and nuanced process that involves examining evidence, witness testimony, and expert analysis.

How Shared Fault is Determined in a Wrongful Death Case

The determination of shared fault is usually based on an investigation into the facts surrounding the accident. In most cases, both sides will present evidence to show the degree of fault attributed to each party. This may include:

Eyewitness Testimony: Witnesses who were present at the time of the accident can offer valuable insights into the events leading up to the death.
Expert Testimony: In certain cases, medical or accident reconstruction experts may be called upon to provide their opinions about how the accident occurred and the degree of responsibility each party had.
Evidence from the Scene: Photographs, police reports, and other evidence from the scene of the accident can be used to determine how the event unfolded.

The jury or judge will consider all of this evidence when assigning a percentage of fault to each party involved. If the case goes to trial, they will determine whether the deceased’s actions contributed to the accident and to what extent.

Importance of Legal Representation in Shared Fault Cases

Navigating a wrongful death claim where the deceased was partially at fault can be challenging. To ensure the best possible outcome, it is essential to have an experienced personal injury lawyer on your side. A skilled attorney can help investigate the circumstances surrounding the death, gather crucial evidence, and present a compelling case for the lowest degree of fault assigned to the deceased.

Additionally, an attorney can help you understand your legal rights and options, especially when dealing with the complex nuances of shared fault. They will fight to ensure that you receive fair compensation for the loss of your loved one, even if they were partially responsible for the accident.

Helping Families Seek Justice in Kennett Square

Losing a loved one due to negligence is devastating, and while no amount of money can replace them, financial compensation can help ease the burden. At Kingbird Legal, our Kennett Square wrongful death attorney will fight for justice on behalf of your family. We will hold the responsible party accountable and seek compensation for funeral expenses, lost income, and emotional suffering. You don’t have to go through this alone. Call 484-289-4880 today for a free consultation, and let us help you find closure and justice.