Wrongful Death occurs when the cause of an individual's passing can be attributed to one or more wrongful actions, including neglect or default, made by another person. A claim for "wrongful death" is determined by quantifying the damages the victim could have recovered had his or her injuries not resulted in death.
Filing Wrongful Death Claims
What differentiates wrongful death claims from traditional personal injury claims is the person who brings the claim. Clearly, wrongful death claims cannot be brought by the victim; however, they can be filed on his or her behalf, in accordance with the state's statute, by one of the following persons:
- Surviving Spouse
- Siblings (on behalf of the Estate)
In order to file a wrongful death claim, the following two conditions must be met:
- Monetary damages must have resulted from the (victim) decedent's death.
- There must be surviving children, dependents, or beneficiaries of the victim.
If you suspect wrongful death, immediate measures must be taken to investigate the accident in question, preserve evidence, and file a claim within the state's statute of limitations. Contact Brian P. Murphy, Esq. right away.
It's important to understand that personal damages to the decedent, such as those for pain and suffering, compensatory damages, or mental distress, are not permitted in a wrongful death suit. The purpose of the damages recovered are to provide relief to family members for emotional suffering and financial hardship.
Wrongful Death and Nursing Home Abuse / Neglect
An individual who is admitted to a nursing home, hospital, or assisted liviing facility in the greater Philadelphia area (including Bucks and Montgomery Counties), or in New Jersey is under the care of the facility's staff members. In that regard, the hospital, nursing home, or assisted living facility assumes responsibility for the care. If neglect or abuse occurs, leading to death, the facility might be held accountable; hence, a wrongful death suit might be in order.
An experienced nursing home abuse attorney, such as Brian P. Murphy, routinely deals with wrongful death cases in Pennsylvania and New Jersey. If you suspect your loved one has passed away due, in part or in whole, to the actions of a caregiver, you should contact Mr. Murphy and get your questions answered.
Contact an Attorney
Brian P. Murphy is an experienced and well-regarded nursing home abuse attorney who has successfully represented many elderly residents subjected to nursing home abuse and neglect. Mr. Murphy handles cases throughout Pennsylvania and New Jersey, and practices law at an established law firm in Trenton. If you see signs of nursing home abuse or neglect, take immediate action today. Contact nursing home abuse attorney, Brian P. Murphy for a FREE consultation.
Legal matters are billed on a contingency fee basis. All Pennsylvania and New Jersey nursing home abuse cases are personally handled by Brian Murphy.
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The Nursing Home Attorneys.com is a website owned by Brian P. Murphy, a PA and NJ licensed personal injury attorney who serves Philadelphia, Pennsylvania, New Jersey, and Bucks County. This nursing home lawyer exclusively handles wrongful death, nursing home abuse, and neglect litigation. Nursing home attorney Brian P. Murphy practices in Pennsylvania, especially the following counties: Philadelphia, Montgomery, and Bucks County. He practices in Bucks County, especially the following areas: Doylestown, New Hope, Newtown, Quakertown, and Langhorne. This nursing home attorney also combats abuse and neglect throughout New Jersey including, but not limited to, Newark, Trenton, Princeton, Camden, Paterson, Bergen County, Essex County, Middlesex County, Mercer County, and Camden County.
- Degrading health
- Un-bathed residents
- Unsanitary living conditions
- Rapid weight loss
- Unexplained injuries
- Unreachable staff members
Pennsylvania: Philadelphia, Delaware, Chester, Montgomery, and Bucks County including Newtown, Doylestown, and surrounding areas
New Jersey: Paterson, Princeton, Jersey City, Hackensack, Atlantic City, Newark, Camden, Trenton and all counties including: Passaic, Bergen, Essex, Mercer, Camden, Burlington, Ocean, Middlesex.