When faced with the tragic loss of a loved one in a wrongful death case, understanding the legal intricacies can be daunting. One key concept is comparative negligence, which plays a critical role in determining the outcome of such cases. In essence, this principle assesses the degree of fault shared by the involved parties, shaping the compensation the bereaved may receive. At Rubin, Glickman, Steinberg & Gifford, P.C. (RGSG), we focus on guiding you through these complexities, ensuring a clear understanding and a strong representation of your interests.
Navigating the legal aftermath of a wrongful death requires expertise and sensitivity. RGSG stands ready to assist you in this difficult time. Our team, with substantial experience in Pennsylvania’s legal landscape, is dedicated to providing personalized and compassionate legal assistance. We strive to uphold your rights while offering comprehensive support throughout the legal process.
Understanding Comparative Negligence
Comparative negligence, a pivotal concept in wrongful death lawsuits, requires a nuanced understanding. It involves evaluating the extent of each party’s responsibility in the incident. This system allows for a more balanced and fair approach, ensuring that the compensation reflects each party’s contribution to the accident. Pennsylvania’s legal system adopts this approach, impacting how damages are calculated and awarded.
The evaluation of comparative negligence involves a thorough investigation of the circumstances surrounding the wrongful death. This process includes gathering evidence, witness testimony, and expert opinions. The goal is to construct a clear picture of the events and determine the percentage of fault attributable to each party. This percentage directly influences the compensation awarded to the victim’s family.
In Pennsylvania, the Modified Comparative Negligence rule applies. This means that if the deceased is found to be more than 50% at fault, the family may not be able to recover damages. Understanding this rule is crucial for families seeking justice in wrongful death cases, as it significantly affects the outcome of their claims.
Impact on Compensation in Wrongful Death Cases
The application of comparative negligence directly affects the compensation in wrongful death cases. The damages awarded are adjusted based on the deceased’s degree of fault. For instance, if the deceased was found 30% at fault, the total compensation would be reduced by 30%. This mechanism ensures that the compensation reflects the reality of the incident.
Compensation in wrongful death cases typically includes various factors such as lost wages, medical expenses, and non-economic damages like pain and suffering. The assessment of these damages considers the degree of fault, making the understanding of comparative negligence vital. Families must be aware of how this principle can alter the financial support they receive during their time of loss.
It is also important to note that the distribution of compensation may vary depending on the family’s relationship with the deceased. Spouses, children, and sometimes parents are considered in the distribution, each with specific entitlements under Pennsylvania law. The intricacies of these entitlements require careful legal guidance to ensure fair and just compensation.
Why Choose Rubin, Glickman, Steinberg & Gifford for Your Case?
In wrongful death cases, choosing a law firm with deep understanding and experience is crucial. RGSG has a strong track record in handling such sensitive cases with the utmost care and professionalism. Our team is adept at navigating the complexities of comparative negligence, ensuring that your rights are protected and your case is presented effectively. Working with RGSG offers several advantages. We bring a personalized approach, understanding each case’s unique aspects and tailoring our strategy accordingly. Our lawyers are not just talented in their field; they are compassionate individuals who understand the emotional weight of a wrongful death case.
We are committed to keeping you informed throughout the process, providing clarity and support during this challenging time. If you are grappling with the aftermath of a wrongful death and need legal assistance, contact RGSG today at (215) 822-7575 or visit our contact form. Our team is ready to help you navigate the legal challenges ahead, offering the expertise and support you need to seek justice and closure.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
March 19, 2024
