Best Wrongful Death Lawyers in Pennsylvania

About Wrongful Death Law in Pennsylvania, United States

Wrongful death law in Pennsylvania provides a legal pathway for surviving family members to seek compensation when a loved one dies as the result of another party's negligence, wrongful act, or misconduct. Wrongful death cases commonly arise from car accidents, medical malpractice, workplace incidents, defective products, or other situations where a fatality was preventable if reasonable care had been exercised. This legal remedy is intended to help survivors recover damages they have suffered due to the loss, such as lost income, funeral expenses, and loss of companionship.

Why You May Need a Lawyer

Handling a wrongful death claim is often complex and emotionally challenging, especially for grieving families. You may need a lawyer if you find yourself in one or more of the following situations:

• Uncertainty about whether you have a valid wrongful death claim
• Difficulty in understanding or accessing necessary evidence
• Conflicts with insurance companies or parties responsible for the death
• Concerns over fair settlement offers
• Unclear idea of what damages may be recoverable in your case
• Disagreements among surviving family members about how to proceed
• The at-fault party or their insurer denies responsibility
• You face strict legal deadlines or paperwork requirements

An experienced wrongful death attorney can provide legal guidance, protect your rights, handle negotiations, and help maximize the compensation you receive.

Local Laws Overview

Pennsylvania law has specific statutes that govern wrongful death actions. The key points include:

• Who Can File: Only the personal representative of the deceased's estate may file a wrongful death lawsuit. If the representative does not act within six months of the date of death, certain relatives may bring the claim.
• Eligible Beneficiaries: Damages are distributed to the deceased’s spouse, children, or parents. If none exist, damages go to the estate.
• Statute of Limitations: In general, wrongful death claims must be filed within two years of the date of death.
• Types of Damages: Recoverable damages can include medical expenses, funeral and burial costs, lost wages and benefits, loss of services, comfort, guidance, and consortium.
• Burden of Proof: The plaintiff must establish by a preponderance of the evidence that the defendant’s wrongful or negligent conduct caused the death.

These laws are codified in the Pennsylvania Wrongful Death Act and accompanied by related statutes and case law interpretations, making legal guidance important for proper navigation.

Frequently Asked Questions

What is considered a wrongful death in Pennsylvania?

A wrongful death occurs when someone is killed as a result of another person or entity’s negligent, reckless, or intentional actions.

Who is eligible to file a wrongful death claim in Pennsylvania?

The personal representative of the deceased person’s estate files the claim, with damages ultimately distributed to eligible family members such as the spouse, children, or parents.

What types of damages are available in a wrongful death lawsuit?

Eligible damages may include funeral and burial costs, medical expenses related to the injury, lost income and benefits, and loss of companionship or services.

How long do I have to file a wrongful death lawsuit in Pennsylvania?

Ordinarily, wrongful death claims must be filed within two years from the date of death. There are rare exceptions, so prompt action is important.

Can punitive damages be awarded in Pennsylvania wrongful death cases?

Yes, punitive damages may be awarded in cases involving willful or grossly negligent conduct to punish and deter similar behavior in the future.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the survivors for their losses, while a survival action allows the estate to recover damages the deceased could have claimed if they had survived, such as for pain and suffering before death.

Will I have to go to court?

Many wrongful death cases are settled before trial, but if a fair settlement cannot be reached, your case may go to court.

How is liability determined in a wrongful death case?

Liability is established by proving that the defendant’s negligent or wrongful act directly caused the death, often using evidence like accident reports, medical records, and expert testimony.

What if the deceased was partially at fault for the accident?

Pennsylvania follows a modified comparative negligence rule. If the deceased was less than 51 percent at fault, damages can still be recovered but will be reduced by their percentage of fault.

How do I get started with filing a wrongful death claim?

Begin by contacting a qualified wrongful death attorney who can review your case, explain your options, and help initiate the legal process.

Additional Resources

If you need more information or support regarding wrongful death in Pennsylvania, the following resources may be helpful:

• Pennsylvania Bar Association - offers lawyer referral services and information on legal rights
• Pennsylvania Courts - access to relevant statutes and information about the legal process
• Pennsylvania Office of Victim Advocate - support and advocacy for survivors of crime victims
• Local legal aid organizations - provide assistance to those who cannot afford private counsel
• County Clerk of Courts - for filing and accessing legal documents

Next Steps

If you believe you have a wrongful death claim in Pennsylvania, consider taking the following steps:

1. Gather Information: Collect any documentation related to your loved one’s death, such as accident reports, medical records, death certificates, insurance correspondence, and witness details.
2. Contact a Qualified Attorney: Seek out an attorney experienced in wrongful death cases in Pennsylvania to discuss your situation and learn about your rights and possible claims.
3. Act Promptly: Remember that wrongful death claims are subject to strict time limits, so do not delay in seeking legal advice.
4. Follow Legal Guidance: Your attorney will help you understand the legal process, advise on settlement offers, negotiate on your behalf, and represent your interests in court if needed.

Taking timely and informed action is essential to securing the compensation and closure you deserve. Professional legal guidance will help ensure your rights are fully protected throughout every step of the process.