If you file a wrongful death case through your attorney you MUST follow all of the rules and regulations concerning something called Discovery. Discovery is the part of the case after the complaint has been filed and an answer given where written questions are proposed by both sides about the wrongful death case. The following real life case is a textbook way of how NOT to handle a wrongful death case.
The case occurred in Lehigh County, Pennsylvania back in 2012. The wrongful death involved an inmate at the Lehigh County Prison who died at the facility. The wrongful death complaint alleged negligence on the part of the jail in failing to properly assess and treat the victim’s asthma as well as its failure to have proper procedures in place regarding prisoners with asthma.
During the course of the discovery phase the estate was asked if they had any witnesses they intended to call regarding their claims against the jail. The estate responded they did not have any such witnesses.
Then the case came up for trial. Two days before the trial was about to begin, the estate said they were going to call a witness who would testify that shortly before the prisoner died of an asthma attack, he had been showing signs of difficulty breathing. The witness would also say that the deceased prisoner also requested prison help but did not receive any from the prison.
The Judge had to make a ruling on this proposed testimony. The Judge ruled that the witness would not be allowed to be called as a witness in the wrongful death case because the prison was NOT given notice of the surprise witness until two days before the case was scheduled for trial. The prison was put at a disadvantage because they couldn’t properly depose or find out anything about the witness.
Therefore, the judge barred the witness from testifying. Without that testimony, the jury found for the prison and against the wrongful death victim and family.
Pittsburgh wrongful death and survivor attorney Bernie Tully has the experience to help represent the estate of wrongfully killed individuals. The basis of wrongful death cases in general is that a person died through the action or inaction of another person. In this case, the jail allegedly caused the wrongful death of the victim by failing to provide proper medical treatment for his asthma.
This is a perfect example of how you must be careful about all details of a wrongful death case once you file suit. Pittsburgh wrongful death and survivor attorney Bernie Tully is here to help you with your wrongful death case. All you have to do is call us at 1-800-518-0050 for a FREE consultation.
Well, that’s it for now.
I was happy to hear that the crowd at the Pitt-Notre Dame football game in Pittsburgh was the largest Pitt football crowd EVER.
Thanks for reading.
Bernie the attorney