Category Archives: Wrongful Death
Fatal Car Accidents and Pursuing a Pennsylvania Wrongful Death Claim
Fatal car accidents may be caused by a variety of factors and lead to either a sudden death accident or an eventual death fatal accident. Throughout Pennsylvania, surviving family members or dependents of the person who passed away may face medical bills, funeral expenses, and other accident-related costs. By pursuing a wrongful death claim… Read More »
What Constitutes a Wrongful Death Claim in Pennsylvania?
Determining what constitutes a “wrongful death” claim is important for surviving spouses and family members. Actions that cause or contribute to the death of an individual form the basis of a wrongful death claim. Some actions are attributable to people, while in other circumstances, a company may be responsible for fatal injuries that take… Read More »
Pennsylvania Court Upholds Vicarious Liability and Corporate Negligence Claims in Wrongful Death Case
In a recent case, the Pennsylvania Superior Court addressed allegations of vicarious liability and corporate negligence against a hospital and its treating physicians. Procedurally, the administrator of the estate of Mr. Arthur Denmark appealed from a trial court dismissal of his claims against a hospital and its entities. Mr. Hurst, the administrator, named four… Read More »
Pennsylvania Appellate Court Holds the Cause of Personal Injury, Not the Conduct of the Insured, Triggers an Insurer’s Motor Vehicle Exclusion
Insurance policies provide coverage for certain, spelled-out risks. But coverage is not exhaustive, and it is important to read insurance policy exclusions carefully. A recent Pennsylvania appellate decision held that the motor vehicle exclusion in a homeowner insurance policy excluded coverage for fatalities suffered in accidents involving a motor vehicle owned by the insured…. Read More »
Pennsylvania Superior Court Reverses Ruling Requiring Alleged At-Fault Physician to Disclose His Alcohol Treatment Records
In all Pennsylvania personal injury suits, the allegedly at-fault party must owe a duty to the injured person. If the defendant fails to uphold his or her duty under the law, and an injury results because of the failure, the injured person can receive compensation for the expenses incurred, which include lost wages and… Read More »
Superior Court of Pennsylvania Upholds Deceased’s Estate’s Right to File Wrongful Death Suit Over Arbitration
In Pennsylvania, when parties enter into an agreement with one another, part of that agreement may include a requirement to arbitrate a claim in lieu of filing a lawsuit through the Commonwealth’s court system. Arbitration operates similarly to the judicial system, with an arbitrator deciding the case rather than an elected judge or jury…. Read More »
Recent Pennsylvania Case Addresses Asbestos Civil Suit Requirements
While asbestos is no longer used as popular insulating material, its presence in Pennsylvania and across America is still felt. A once-popular mineral used for its sound absorption, strength, and resistance to fire, it is now synonymous with serious and fatal illnesses, including asbestosis and mesothelioma. The fibrous make-up of the substance makes it… Read More »
