No lawsuit undoes a death. What the law can do is keep a family financially whole and hold the responsible party to account — and Pennsylvania gives families two distinct claims to do it. We handle these cases with the seriousness they deserve: thorough on the law, gentle with the family, and honest at every step about what to expect.
Two Claims, One Case
- The wrongful death claim compensates the family — typically the spouse, children, or parents — for their losses: financial support, services, and the relationship itself, brought under Pennsylvania’s Wrongful Death Act.
- The survival claim belongs to the estate and recovers what the person themselves could have claimed — including conscious pain and suffering and lost earnings — brought by the estate’s personal representative.
The two claims are usually pursued together, and how a recovery is allocated between them has real tax and distribution consequences for the family — one of several reasons these cases need experienced handling. The statutes live with the Pennsylvania General Assembly; the practical questions live with us. Our posts on what happens when someone is killed in a car accident and deaths caused by negligence cover common scenarios.
Causes We See Most
Fatal car and truck crashes, pedestrian deaths, medical negligence, workplace fatalities, and nursing home neglect. CDC data and Pennsylvania Department of Health statistics document how often preventable causes take lives; our post on causes of death in road crashes addresses the most common category. Cases resolve by settlement or trial in the Pennsylvania courts, and court approval is required for certain settlements and allocations.
Frequently Asked Questions
Who is allowed to bring a wrongful death case in Pennsylvania?
The claim benefits the spouse, children, or parents, and is typically filed by the estate’s personal representative — with rules about who may file and when. If no one has opened an estate yet, that’s a first step we help families take.
How long do we have to file?
Generally two years from the death — but evidence and witnesses fade much faster, and deaths involving government entities carry shorter notice deadlines. Grieving families understandably wait; the case shouldn’t.
What compensation can a family actually recover?
Between the two claims: medical and funeral expenses, lost financial support and services, the loss of companionship and guidance, and the estate’s claim for the person’s own losses. What applies depends entirely on the facts — no responsible lawyer promises numbers up front.
Does a criminal case against the person responsible affect our civil claim?
They’re separate tracks with different standards of proof — a civil claim can succeed regardless of what prosecutors do, as our post on the chances in a wrongful death lawsuit explains. A conviction can help; an acquittal doesn’t end the civil case.
What does it cost to hire your firm?
Injury cases are handled on a contingency fee: you pay no attorney’s fee unless we recover compensation for you. The percentage and how case costs (filing fees, records, experts) are handled are spelled out in a written fee agreement before you sign anything, and the initial consultation is free.
If your family is facing this, we’re ready to listen. Call (215) 464-4600 or contact us online for a free, confidential consultation. We handle injury cases on a contingency fee: no attorney’s fee unless we recover compensation for you, with case costs explained in the written fee agreement before you sign.