Losing someone you love is devastating, especially when it didn’t have to happen. If someone’s negligence or misconduct led to that loss, you may have grounds for a wrongful death claim. Our experienced wrongful death attorneys in Philadelphia can help you navigate the legal process and fight for justice. Whether you’re dealing with a fatal car crash, medical error, or unsafe conditions, we’re here to help you understand your rights and what comes next.
Understanding Wrongful Death Claims
A wrongful death claim arises when someone dies because of another person or entity’s negligence, recklessness, or intentional actions. These claims are civil, not criminal, which means the goal is financial compensation, not jail time. Still, they play a crucial role in holding people and businesses accountable.
In Pennsylvania, wrongful death claims often stem from medical malpractice, car accidents, workplace injuries, product defects, or even violent acts. To succeed in your case, your attorney must show that the person or company had a legal duty, breached that duty, and caused the death as a result.
Not every death qualifies as wrongful under the law. That’s why it’s essential to work with a skilled wrongful death attorney in Philadelphia who understands the nuances of Pennsylvania statutes. They’ll guide you through the facts of your case and determine whether a claim is appropriate.
Compensation in a Wrongful Death Case
No amount of money can replace your loved one. But compensation can ease the financial strain and help your family move forward. In Philadelphia, courts can award damages in a wrongful death case to cover both economic and non-economic losses.
You may be able to recover:
- Medical expenses related to the injury or illness leading to death
- Funeral and burial costs
- Lost income the deceased would have earned
- Loss of companionship, guidance, and support
A skilled attorney will gather records and make sure your claim reflects the full scope of your losses. In some cases, you may also be entitled to punitive damages, meant to punish egregious conduct and prevent future harm.
Pennsylvania law gives priority to surviving spouses, children, and parents when it comes to receiving compensation. If no close relatives exist, the estate can recover damages instead. Your wrongful death attorney will make sure the right parties are represented and that every eligible loss is accounted for.
Need Help Filing A Wrongful Death Lawsuit?
Losing a family member can be financially devastating, as well as a terrible emotional loss. If a family member passes away because of an accident, as a survivor, you may be able to make a legal claim for damages against the person or organization responsible for the accident.
Often, the unexpected death of a loved one results in a change in caretaking responsibilities and requires expensive and time consuming funeral and burial arrangements. If you have lost a loved one due to an intentional act, or the negligence or recklessness of an individual or a company, it is important to know that in Pennsylvania, a wrongful death lawsuit must be filed within two years from the date of the death to meet the statute of limitations and preserve one’s right to suit.
Sometimes it is not always obvious who may be at fault for a fatal accident. For example, the Highway Department is potentially responsible for an auto accident if the design of the highway helped to cause the accident. Apartment complexes may be responsible for fatal shootings on their property if the managers of the apartment were aware of previous dangerous criminal activity and failed to warn or protect their tenants. Auto manufacturers can be responsible if the design of their vehicles made a car accident more dangerous or more likely to cause injury than it should have been.
If your family member has died as the result of an injury or accident caused by someone or some entity’s negligence or recklessness, medical malpractice, a defective product or some other cause, you may be entitled to compensation for the damages you have suffered as a result of a loved one’s death. Other close relatives may also be able to seek damages under certain circumstances as well.
Under Pennsylvania law, and in most other states in the US, close relatives of the deceased victim are entitled to seek damages as a result of a victim’s death. For example, the spouse of a deceased victim or the parents of a deceased child are entitled to seek damages for the deaths of their loved ones.
If you have lost a loved one and are unsure if you might have a claim for wrongful death, please call Silver & Silver for a free attorney consultation. We can also provide a birth injury attorney in Philadelphia.
Who Can Be Held Liable in a Wrongful Death Case?
Liability in a wrongful death case depends on how the death occurred and who had a legal duty to prevent it. In many Philadelphia cases, more than one party may be responsible. Your attorney will investigate all angles to determine who should be held accountable.
Here are some examples:
- Motor vehicle accidents: The at-fault driver, the vehicle manufacturer, or even a government agency responsible for road conditions could be liable.
- Medical malpractice: Doctors, nurses, hospitals, and clinics may all bear responsibility when medical errors lead to death.
- Workplace accidents: An employer, contractor, or equipment manufacturer might be at fault depending on how the incident occurred.
- Product liability: If a defective product caused the death, the manufacturer, distributor, or retailer could be on the hook.
- Property-related deaths: Landlords, businesses, or event organizers may be liable if poor maintenance or unsafe conditions led to a fatal injury.
An experienced Philadelphia wrongful death attorney won’t just stop at the obvious parties. They’ll dig deeper, looking for corporate responsibility, third-party contractors, or patterns of negligence. These cases often require expert testimony, detailed records, and aggressive advocacy to prove liability. Contact us if you need a car accident lawyer in Philadelphia.
How Long Do I Have to File a Wrongful Death Claim?
In Pennsylvania, you typically have two years from the date of death to file a wrongful death lawsuit. This deadline is known as the statute of limitations, and it’s strict. If you miss it, you may lose your right to seek compensation entirely.
The clock starts ticking from the moment your loved one passes, not necessarily from when the injury occurred. That’s why it’s so important to talk to a Philadelphia attorney as soon as possible. They’ll review your case and make sure all filing deadlines are met.
There are limited exceptions. In rare situations—like when the cause of death isn’t discovered right away—you may be able to extend the timeline. But courts rarely grant extensions, so acting quickly is always your best option. A qualified wrongful death attorney can file promptly and preserve your right to hold the responsible parties accountable.