When a loved one is suddenly gone because of someone else’s negligence, the world stops. If you are in this position, you likely have more questions than answers. Under Pennsylvania law, a wrongful death claim is a legal action that can provide financial stability for a family after a member’s death was caused by the wrongful act of another.
A wrongful death claim addresses the tangible and intangible losses your family now faces—from the sudden disappearance of a paycheck to the empty space at the dinner table. It is a structured legal process designed to help put your family on solid ground again.
If you need to understand your options, call Leonard Hill – Personal Injury Lawyers And Car Accident Lawyers for a no-cost consultation at (215) 567-7600.
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Why Choose Leonard Hill Lawyers?
A Record of Securing Families’ Futures
Our firm has a long history of handling wrongful death and catastrophic injury claims in Philadelphia. We have secured over $250 million in verdicts and settlements for individuals and their families. This track record includes significant results, such as a $12.2 million recovery for a wrongful death case. While these results show our commitment, they do not guarantee a similar outcome for your case, as every situation has a unique set of facts.
Decades of Focused Experience
With more than 50 years of combined legal experience, our team has a deep understanding of the laws that protect families in Pennsylvania. We approach each case with the compassion and determination it requires, recognizing the deep impact such a loss has on every member of a family. Our practice is built on providing steady guidance during unsteady times.
We Handle the Burden, So You Can Grieve
We operate on a contingency fee basis. This means you pay no fees unless and until we secure compensation for you. This arrangement removes any financial barrier to seeking accountability and allows you to focus on your family. You will receive direct and personalized attention from our attorneys. We believe in open communication, ensuring you are informed every step of the way without being burdened by the day-to-day legal tasks.
Conveniently Located in the Heart of Philadelphia
Our office is at 1700 Market Street, Suite 3150, Philadelphia, PA 19103. Located in Center City just a few blocks from Rittenhouse Square and near the 15th Street subway station, our location provides easy access for our clients throughout the metropolitan area.
What Compensation is Available in a Wrongful Death Claim?
The Goal: Restoring Financial Stability
The purpose of compensation in a wrongful death action is to cover the financial and emotional losses the surviving family members have suffered. Pennsylvania law allows for the recovery of different types of damages to help a family regain its footing. These are separated into two main categories.
Economic Damages: The Tangible Losses
These are the measurable financial costs that spring from your loved one’s death. The goal is to calculate the direct monetary impact the death has had—and will continue to have—on your family. These damages include:
- Lost Income and Earning Capacity: This is a calculation of the wages, benefits, and other earnings your loved one would have provided for the family over their expected lifetime.
- Medical Bills: Any medical expenses incurred from the moment of the accident until their passing are recoverable.
- Funeral and Burial Expenses: The costs associated with laying your loved one to rest are included.
- Loss of Services: This represents the monetary value of the work the deceased provided, such as childcare, home maintenance, and managing household finances.
Non-Economic Damages: The Intangible Losses
These damages acknowledge the deep personal loss your family has experienced. While money can never replace a person, this is the legal system’s way of recognizing the human cost. This primarily includes:
- Loss of Companionship, Comfort, and Guidance: This compensates for the loss of the relationship itself—the advice, society, and affection your loved one provided to their spouse, children, and parents.
What is a Survival Action?
Pennsylvania law also provides for a separate but related claim called a “survival action.” Think of it this way: if your loved one had survived, they would have had their own personal injury claim. A survival action allows their estate to pursue that claim on their behalf. The main part of a survival action is:
- Pain and Suffering: This addresses the conscious pain and suffering your loved one endured between the time of their injury and their death.
Filing both a wrongful death and a survival action together allows a family to pursue a more complete financial recovery that addresses both their own losses and the suffering their loved one experienced.
How Pennsylvania’s Negligence Laws Can Affect Your Claim
Pennsylvania uses a “modified comparative negligence” rule. Simply put, if your loved one was found to be partially at fault for the accident, your family’s compensation could be reduced. For example, if they were found 10% at fault, the total award is reduced by 10%. However, if they are found to be 51% or more at fault, the family is barred from recovering any compensation at all. Our role is to build a strong case and ensure no blame is unfairly placed on your loved one.
Where Do Fatal Accidents Happen in Philadelphia?
Understanding High-Risk Areas
While a fatal accident can occur anywhere, some Philadelphia roads and intersections see a higher number of serious collisions. We handle cases arising from incidents on major roads like:
- Interstate 95 (I-95): High speeds and heavy congestion, especially near major interchanges, contribute to dangerous conditions on this major artery.
- The Schuylkill Expressway (I-76): Known for its narrow lanes and constant traffic jams, the Schuylkill is a frequent site of serious accidents.
- Roosevelt Boulevard: For years, this road was cited as one of the most dangerous in the country due to its complex 12-lane design. While safety measures have helped, it remains a high-risk area.
- Broad Street: As a central urban corridor with heavy pedestrian and vehicle traffic, Broad Street has recently become the city’s deadliest road.
Common Causes of Wrongful Death in Our City
Our firm handles cases stemming from a range of incidents, including:
- Traffic Accidents: These are the most frequent cause and include car, truck, motorcycle, and pedestrian accidents.
- Medical Malpractice: Fatal errors made by doctors, surgeons, nurses, or other healthcare professionals.
- Workplace Accidents: These are particularly common on construction sites or in industrial settings where heavy machinery and hazardous conditions are present.
- Premises Liability: This category includes fatal falls or injuries caused by unsafe property conditions, such as negligent security or poor maintenance.
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
The Role of the Personal Representative
In Pennsylvania, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This is usually the person named as the executor in the deceased’s will. If there is no will, the court will appoint an administrator, typically a close family member like a spouse or adult child, to manage the deceased’s affairs, including any legal claims.
Who Actually Benefits from the Claim?
While the personal representative formally files the lawsuit, the compensation is for the benefit of specific family members. The Wrongful Death Act strictly outlines who is eligible to receive these funds:
- The Spouse
- The Children (both minor and adult)
- The Parents
The law is specific about this hierarchy. Siblings and other relatives are generally not eligible to be beneficiaries. If the deceased has no surviving spouse, children, or parents, the personal representative can then file a claim to recover expenses like medical and funeral costs.
The Legal Process of Wrongful Death Claims in Pennsylvania
The Insurance Company is a Business
The at-fault party’s insurance company has a duty to its shareholders to remain profitable. This means they must balance paying valid claims with protecting their financial interests. Their investigation will be thorough, and their adjusters are trained to look for any information that might reduce the amount they have to pay.
What to Expect During the Claims Process:
- Early Settlement Offers: It is common for an insurer to make a quick settlement offer before the full financial impact of your loss is known. Accepting an early offer is final and prevents you from seeking further compensation if you later realize the true long-term costs are much higher.
- Requests for Recorded Statements: You are not obligated to provide a recorded statement to the other party’s insurance company. Adjusters may use seemingly innocent questions to get you to say something that can be taken out of context to argue against your claim or suggest your loved one shared some fault.
- The Process is Methodical and Can Be Long: Insurance claims involve extensive paperwork, investigation, and negotiation. It is easy to become frustrated with the delays and feel pressured to accept a lower offer as bills begin to accumulate. Our firm handles all communication and paperwork to shield you from this pressure.
What If a Government Agency Is Responsible?
When a government entity’s negligence leads to a death, the rules for filing a claim change dramatically. The Political Subdivision Tort Claims Act grants government bodies in Pennsylvania a general immunity from lawsuits. However, there are specific exceptions where this immunity is waived, such as accidents involving government-owned vehicles or dangerous conditions on government-owned property.
The most significant difference is the deadline. You must provide a formal “notice of claim” to the correct government agency within just six months of the incident. Failure to meet this short deadline can permanently bar you from seeking compensation. This makes it incredibly important to speak with an attorney immediately if you suspect a government entity was at fault.
Steps to Protect Your Family’s Rights
- Obtain Multiple Copies of the Death Certificate: This document will be necessary for many administrative tasks, from closing bank accounts to filing a legal claim.
- Gather Important Documents: Collect any documents you can find related to your loved one and the incident. This includes the deceased’s will, financial records (like tax returns or pay stubs), any police or accident reports, and medical records related to their final injury.
- Keep a Private Journal: Document the ways your family’s life has changed. This can include the loss of income, the emotional impact on each family member, and the daily tasks your loved one used to handle that now fall to others.
- Avoid Discussing the Case on Social Media: Refrain from posting about the accident or any potential legal action. Anything you post online can be found by the defense and used to argue against your claim.
Frequently Asked Questions About Wrongful Death Claims
How long do I have to file a wrongful death lawsuit in Pennsylvania?
In Pennsylvania, the statute of limitations for most wrongful death claims is two years from the date of death. This deadline is strict. As mentioned above, if the claim is against a government entity, you only have six months to provide a formal notice of your intent to file a claim. Missing these deadlines means you may lose your right to file a claim forever.
Can I file a wrongful death claim if the person responsible is also facing criminal charges?
Yes. The criminal justice system and the civil justice system are separate. A criminal case is brought by the state to punish wrongdoing, while a wrongful death lawsuit is a civil claim brought by the family to recover financial damages. The outcome of one does not determine the outcome of the other, and a civil claim can proceed regardless of whether criminal charges are filed.
What if my loved one who died was retired or not working?
You can still file a wrongful death claim. Even if the deceased was not earning an income, they provided value to the family in other ways. A claim would seek compensation for the loss of their services, such as childcare, household management, and home maintenance. It would also seek damages for the loss of companionship, guidance, and comfort they provided to the family.
What if my loved one died in a work-related accident?
In most cases, the family’s first recourse is to seek benefits through the workers’ compensation system. This system provides death benefits without the need to prove negligence. However, if a third party (someone other than the employer or a co-worker) was responsible for the accident, you may also be able to file a wrongful death lawsuit against that third party for additional damages.
Let Us Provide the Guidance You Need
During this difficult time, you do not have to face the legal system alone. Our purpose is to lift the legal burden from your shoulders so you can focus on what matters most—your family. We will handle the investigation, the paperwork, and the negotiations, allowing you space to grieve and begin to heal.
If you are ready to learn about your options, contact Leonard Hill – Personal Injury Lawyers And Car Accident Lawyers today. Call us at (215) 567-7600 for a confidential and compassionate consultation. We are here to listen and provide the clear, straightforward answers you need.