This form is a sample personal injury complaint alleging that the faulty installation of steps caused the injury and ultimate death of the plaintiff.
Pennsylvania Complaint for Negligence and Wrongful Death
State:
Multi-State
Control #:
US-PI-0185
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint For Negligence And Wrongful Death?
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FAQ
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
For that reason, the Discovery Rule allows the victim to file claims within two years of the date of discovery of the injury or the date the person should have reasonably discovered the injury. You must prove that you made a good faith effort to determine the cause of your injury.
The verdict means that the killing was done without lawful excuse and in breach of criminal law. This includes murder, manslaughter, infanticide and causing death by dangerous driving.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
The potential beneficiaries of a wrongful death award are limited to the spouse, children, and/or parents of the decedent. Damages from a wrongful death claim are not taxable because they are not considered to be income to the beneficiaries.
Under current laws, legal surviving spouses, children, and parents of the deceased may initiate the claims process for recovery. If the family does not file a claim within three months of a loved one's death, an estate representative may also file a wrongful death claim.
Gathering strong, convincing evidence like medical records, autopsy reports, witness testimonies, and financial documents is key in a wrongful death case.
In a wrongful death lawsuit in California, the burden of proof lies with the plaintiff, who must establish four key elements: Negligence. ... Breach of Duty. ... Causation. ... Damages. ... Retaining an Attorney. ... Establishing Negligence. ... Identifying the Responsible Party. ... Documenting Economic Damages.