Pennsylvania Wrongful Death Attorneys
Losing a family member is all the more heartbreaking when the negligence of another party is to blame. If your loved one was the family’s primary breadwinner, financial uncertainty could complicate matters even further. At The Rothenberg Law Firm LLP, we offer compassionate legal support in difficult situations.
We understand the sensitive nature of wrongful death claims and are respectful of families who are coping with grief. If you have questions regarding your legal rights to compensation, we have answers. It costs nothing to discuss your case with an experienced Pennsylvania wrongful death attorney at our firm. We are dedicated to achieving justice for our clients and have obtained outstanding results in wrongful death claims arising from vehicle accidents, product defects, and OSHA violations.
What is Considered a Wrongful Death?
When the death of an individual is caused by a wrongful act, negligence, or unlawful violence towards another, this constitutes “wrongful death” in Pennsylvania. The state laws allow families and eligible beneficiaries to seek monetary damages for the repercussions of a loved one’s death.
Types of Wrongful Death Claims
Under Pa.C.S. § 8301, wrongful death lawsuits are warranted in several situations where victims lose their lives in negligence-based events.
Some common scenarios that lead to wrongful death claims include:
- Vehicle and motorcycle accidents caused by distracted, reckless or drunk drivers
- Workplace accidents stemming from OSHA violations, defective equipment, and machinery malfunctions
- Medical malpractice, including errors in medication, surgery, and diagnoses
- Construction site accidents
- Slip and fall accidents
- Swimming pool drownings
- Unlawful acts of violence
Who is Eligible to File a Wrongful Death Claim in Pennsylvania?
According to Pennsylvania Rule 2202, a wrongful death claim can only be brought by a personal representative of the decedent. A personal representative–sometimes called an “executor of the estate”–is usually chosen by the family, but the courts can also appoint them. The personal representative is tasked with disbursing any legal compensation secured in a wrongful death action.
Who can recover proceeds in a wrongful death case?
The Wrongful Death Act provides that the surviving spouse, children, or parents of the individual who died are eligible for wrongful death damages. Any settlement or court award obtained is distributed in accordance with Pennsylvania statutes or the decedent’s will.
Statute of Limitations for Wrongful Death Lawsuits
Pennsylvania law allows six months from the decedent’s passing for the personal representative to file a wrongful death claim. If the personal representative fails to take legal action within this six-month period, the decedent’s beneficiaries have two years from the date of death to file suit. Once this statute of limitations expires, any claim for wrongful death will likely be barred by the courts.
However, some circumstances may extend the wrongful death statute of limitations. For example, situations where relatives do not realize that the negligent actions of another party caused their loved one’s death. This type of situation often involves medical malpractice–such as a delayed diagnosis. Since every case is unique, it’s best to speak with a Pennsylvania wrongful death lawyer at The Rothenberg Law Firm about applicable deadlines.
Compensation in Wrongful Death Claims
Wrongful death actions give rise to a number of damages that are meant to compensate the surviving families. In the Keystone State, there are no caps on economic and non-economic damages awarded in wrongful death lawsuits.
Families can sue for a breadth of losses, including:
- Funeral and burial costs
- Medical and hospital expenses for the decedent before death
- Lost wages and income potential for the decedent
- Loss of inheritance
- Estate administration costs
- Loss of the decedent’s love, guidance, support, and comfort
- Loss of the decedent’s household services
- Mental anguish
If you would like to learn more about wrongful death compensation, contact a knowledgeable Pennsylvania personal injury lawyer at our firm.
Consult a Trusted Pennsylvania Wrongful Death Law Firm
A successful wrongful death claim can provide grieving family members some measure of closure, financial stability, and justice after losing a loved one. At The Rothenberg Law Firm, our veteran legal team has advocated for Pennsylvania families’ rights for decades. We understand the sorrow of an unexpected loss and can determine whether legal action is right for your situation.
Discuss your case with a wrongful death attorney in Pennsylvania who will go the extra mile. Call today for a free and confidential consultation.
What Our Clients Say
"The Rothenberg Law Firm adhered to the highest possible ethical standards at all times and represented my case with courtesy and professionalism. Equally important, they were responsive and addressed all issues. They resolved the matter in a manner that exceeded my expectations and I would recommend them to anyone."
"The Rothenberg Law Firm adhered to the highest possible ethical standards at all times and represented my case with courtesy and professionalism. Equally important, they were responsive and addressed all issues. They resolved the matter in a manner that exceeded my expectations and I would recommend them to anyone."
