This form is a sample personal injury complaint arising from incident in which decedent was shot multiple times by defendant.
Pennsylvania Complaint for Personal Injury and Wrongful Death due to Shooting / Violence
State:
Multi-State
Control #:
US-PI-0299
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Shooting / Violence?
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FAQ
The answer is often yes. If the other person assaulted you and was the one to throw the first punch or to severely provoke you, or if you were defending another person who was being hurt or threatened with imminent harm, you can sue the person who injured you.
A police report is a critical document that insurance companies require when surviving family members pursue a wrongful death claim. It may contain valuable information related to the cause of the death (officer's opinion), witness statements, and other evidence.
A survival action, governed by 42 Pa. C.S.A. Section 8301, is simply when the decedent's estate stands in the shoes of the person who has passed away. The personal representative for the estate is able to bring the same claims that the decedent could have brought if they were still alive.
Unlike wrongful death lawsuits, which center around what the survivors have lost as a result of their loved one's death, survivor action claims focus on the damages suffered by the victim between the event that caused his or her injuries and the time of that individual's death.
How does wrongful death settlement distribution work? A surviving spouse only ? If the only surviving family member is the spouse, they receive the entire wrongful death settlement. Spouse and children ? The spouse gets the first $30,000. The remaining funds are split equally between the spouse and all the children.
Elements of Proving Wrongful Death in Pennsylvania For example, drivers on the road have a duty of care to drive in a responsible manner to avoid hurting others. Breach of duty of care ? You must also show that a defendant breached the duty of care they owed to the deceased person.
And a survival action, unlike a wrongful death action, is not a new cause of action, but merely a continuation in the personal representative of the right of action that accrued to the decedent at common law. A survival action arises out of the original injury and not out of the death.
In Pennsylvania, when a person dies because of the negligent or unlawful behavior of another person or company, the decedent's estate, surviving spouse, or certain family members can file a wrongful death lawsuit for compensation.