Philadelphia Wrongful Death Attorney

If you’re visiting this page, you may be grappling with the devastating loss of a loved one and exploring the possibility of a wrongful death case in Philadelphia.

Dealing with such a situation is undoubtedly overwhelming, both emotionally and legally. In times like these, having the support of a local Philadelphia wrongful death attorney can make a significant difference.

At Rothenberg Law Firm, our wrongful death lawyers are not just legal professionals; they are members of your community. They are your neighbors, and you can trust us to provide accessible, compassionate assistance during your difficult journey.

Navigating the complexities of a wrongful death claim requires more than legal skill – it demands a deep understanding of the local context, community dynamics, and the unique aspects of Philadelphia law.

At our firm, you’re not just a client; you’re a neighbor seeking help from someone who cares. We are committed to offering more than legal guidance; we provide a supportive environment where you can find understanding and empathy. Together, we’ll work to secure the justice and compensation your family deserves.

Call our Philadelphia office at (800) 624-8888 for your free consultation with our legal team.

Why Choose Rothenberg Law Firm for Your Philadelphia Wrongful Death Claim?

If you believe you have a wrongful death case, our local Philadelphia attorneys are here to stand by your side, offering both professional experience and the comfort of dealing with someone from your community. Your struggle is our concern, and we are dedicated to helping you through this challenging time with the care and attention you deserve.

The personal injury lawyers at Rothenberg Law Firm have experience handling wrongful death lawsuits or claims.

We can provide essential services such as assessing the eligibility for a wrongful death claim, guiding you through the legal process, establishing liability, quantifying damages, and representing your interests to seek fair compensation on behalf of the deceased and their family.

Additionally, we offer compassionate support and understanding during a challenging time. Our legal team has been serving the people of Philadelphia for more than 50 years.

We’re here for you. Contact us today.

Our Philadelphia Office

You can find the Rothenberg Law Firm Philadelphia office at 1420 Walnut Street. We are located at the heart of the city’s proud history, just down the street from Independence Hall and the Philadelphia Stock Exchange.

Our attorneys are inspired every day by the memories of those who have gone before us, building our system of laws and jurisprudence.

We have successfully represented clients in Philadelphia for over 50 years, securing billions of dollars in compensation on their behalf.

Call our Philadelphia office at (800) 624-8888 or fill out our online Contact form for your free consultation.

What Is a Wrongful Death Claim?

Wrongful death refers to instances in which one person’s actions or neglect result in the death of another person. Unlike murder or manslaughter, these cases are pursued in civil, rather than criminal, court in Philadelphia and surrounding areas.

Because the victim of wrongful death is unable to seek compensation, their family or estate is allowed by law to seek damages on their behalf. With the aid of a Philadelphia wrongful death lawyer, this process can result in fair reimbursement for damages.

Ideally, these cases provide fair and reasonable compensation for those who have suffered as a result of a loved one’s wrongful death, whether it be emotionally, financially, or both.

Factors that are considered when assessing damages in a wrongful death case in Philadelphia include loss of wages/benefits, loss of companionship, emotional pain and suffering, and punitive damages.

Who Can File a Wrongful Death Claim in Philadelphia, PA?

According to Chapter 2202 of the Pennsylvania Code, the personal representative of the estate can file a wrongful death claim for family beneficiaries. The personal representative may be identified in the victim’s will; if not, they will be appointed by the court.

In addition, Pennsylvania considers the only beneficiaries that are eligible to recover damages under the wrongful death claim are the spouse, children, and parents. This is a direct claim on behalf of the beneficiaries for their loss based upon the death of the decedent. If the wrongful death lawsuit succeeds, the personal representative will distribute financial compensation directly to the victim’s beneficiaries.

Pennsylvania Statute of Limitations and Wrongful Death Claims

If a loved one dies in Philadelphia due to someone else’s negligence or wrongdoing, you likely have legal grounds for a lawsuit. This includes a wrongful death claim for the family beneficiaries and a survival claim for the suffering of the deceased. Both of these claims must be filed in the lawsuit.

You must contact an attorney as soon as possible since the survival claim expires two years from the date of injury. If you do not file within those two years from the date of the injury, and no exceptions apply to your claim, you may lose all rights to recover financial compensation for the pain and suffering of your loved one.

If the defendant in your case is a governmental entity, the statute of limitations may be as short as six months. If the statute of limitations has lapsed in your case, an attorney in rare instances may be able to identify exceptions that might apply to allow you to continue pursuing the justice you deserve.

Therefore, even if you still have plenty of time to meet the statute of limitations, we recommend you consult a lawyer as soon as possible. Our team can begin investigating and building your case while the evidence remains fresh.

Incidents that May Result in a Wrongful Death Lawsuit in Philadelphia

A wrongful death lawsuit in Philadelphia can arise when a person dies due to the negligent, reckless, or intentional actions of another party. Below is a list of common incidents that may lead to such claims:

Car Accidents

• Car crashes resulting from reckless driving, speeding, distracted driving, driving under the influence, or other traffic violations.
• Faulty vehicle maintenance or defective vehicle parts may also be contributing factors.

Truck Accidents

• Result from driver fatigue, overloaded or improperly secured cargo, equipment failure, or negligent hiring and supervision of drivers.
• Often involve complex liability, including trucking companies and third-party contractors.

Pedestrian Accidents

• Occur when drivers fail to yield, are distracted, or drive recklessly in crosswalks, school zones, or busy urban areas.

Rideshare Accidents

• Involves negligence by rideshare drivers (e.g., Uber or Lyft), including reckless driving or failure to follow traffic laws.
• Liability can be complicated, potentially involving the driver, rideshare company, or other involved parties.

Motorcycle Accidents

• Frequently caused by drivers failing to notice motorcycles, improper lane changes, or road hazards.
• The lack of protective barriers for riders often makes these accidents fatal.

Bicycle Accidents

• Occur due to driver negligence, poorly marked bike lanes, or hazardous road conditions.
• Often involve serious or fatal injuries, especially in urban areas with heavy traffic.

Slip and Fall Accidents

• Result from hazardous conditions on private or public property, such as wet floors, uneven surfaces, or inadequate lighting.
• Property owners may be held liable for failing to maintain safe premises.

Premises Liability Incidents

• Includes injuries caused by unsafe conditions like falling objects, structural failures, inadequate security leading to assault, or unsafe swimming pools.
• Property owners and managers may be responsible.

Defective Products

• Caused by manufacturing defects, design flaws, or failure to warn consumers about risks.
• Liability can extend to manufacturers, distributors, and retailers under product liability laws.

Construction and Workplace Accidents

• May result from inadequate safety measures, faulty equipment, or employer negligence.
• Common incidents include falls, electrocution, machinery accidents, or struck-by-object injuries.

Medical Malpractice

• Includes negligence by healthcare professionals such as misdiagnosis, surgical errors, medication mistakes, or failure to provide appropriate treatment.
• Hospitals, physicians, and other medical staff can be held liable.

Each of these incidents involves unique legal considerations and potentially multiple parties who may share liability. You need to consult a wrongful death attorney experienced in Philadelphia laws to build a strong case and seek justice for your loss.

What to Do After an Accidental Death

Dealing with the sudden loss of a loved one due to an accident is overwhelming. While no action can truly compensate for the loss, certain steps can help protect your legal rights and begin the process of seeking justice. Here’s what to do after an accidental death:

Ensure Immediate Safety and Report the Incident

If the death occurred in an accident, ensure the area is safe for others.

Report the incident to the appropriate authorities:

• Police for accidents involving vehicles or potential criminal activity.
• Occupational Safety and Health Administration (OSHA) for workplace accidents.
• Property managers or owners for premises-related incidents.

Obtain a Death Certificate

• You need a copy of the death certificate for legal, financial, and insurance matters.
• Request this document from the local health department or the medical examiner.

Collect and Preserve Evidence

Gather any available evidence related to the incident, such as:

• Photographs or videos of the scene, including hazards, injuries, or property damage.
• Contact information for witnesses.
• Official accident or police reports.
• Preserve relevant medical records and receipts if the deceased received treatment prior to their passing.

Notify Relevant Parties

• Inform family members and close friends.
• Notify employers, insurance companies, and other relevant institutions.
• In workplace-related deaths, report the incident to the employer (if they are unaware).

Secure Legal Representation

Contact a wrongful death attorney with experience in the specific type of incident.

A lawyer can guide you through the process of investigating the claim, filing a lawsuit, and seeking compensation.

Open an Estate

• A wrongful death claim must often be filed through the deceased’s estate.
• Work with an attorney to appoint a personal representative (executor) if one has not been named in the will.
• The executor will handle the legal process and distribution of compensation.

Identify Possible Sources of Compensation

Work with your lawyer to identify potential sources of compensation, which can include:

• Insurance policies (e.g., life, auto, or homeowner’s insurance).
• Liable parties, such as drivers, property owners, or manufacturers.
• Workers’ compensation (for work-related deaths).
• Third parties, depending on the nature of the accident.

Stay Within the Statute of Limitations

• In Pennsylvania, the statute of limitations for wrongful death claims is two years from the date of death.
• Failure to file within this time frame may result in losing the right to compensation.

Focus on Grieving and Support

• Seek emotional support from family, friends, or counselors.
• Consider joining support groups for families dealing with accidental deaths.

File a Wrongful Death Lawsuit, if Applicable

• Your attorney will guide you in filing a claim against the responsible party.
• Compensation may cover funeral costs, medical expenses, loss of financial support, and emotional suffering.

By taking these steps, you can honor your loved one’s memory while ensuring accountability for their untimely death. Let me know if you need help finding legal resources or support services.

Establishing Liability in a Wrongful Death Case

Establishing liability in a wrongful death claim is a nuanced process that involves a careful examination of various factors. From scrutinizing evidence of negligence to proving causation and consulting expert witnesses, each element plays a crucial role in building a compelling case.

Witness testimonies, documentation, and adherence to regulations further contribute to the intricate web of factors that attorneys must navigate to support a wrongful death claim successfully.

These considerations collectively guide the legal strategy to ensure justice for grieving families who have lost a loved one due to someone else’s actions or neglect.

Information your lawyer will consider for establishing liability includes:

• Evidence of Negligence or Wrongful Conduct: The attorney must establish that the defendant’s actions or neglect directly contributed to the death.
• Causation: It needs to be proven that, without the defendant’s conduct, the victim would not have died. Establishing a direct link between the actions and the fatal outcome is crucial.
• Witness Testimonies: Eyewitness accounts can play a significant role in supporting or challenging the narrative of events leading to the wrongful death.
• Expert Opinions: Expert witnesses may provide insights to substantiate claims of negligence or wrongful conduct, especially in cases involving complex technical or medical aspects.
• Documentation and Records: Any available records, such as medical records, accident reports, or communication records, can serve as valuable evidence in proving liability.
• Adherence to Regulations: Violation of laws or regulations, whether in a traffic accident or workplace incident, can strengthen the argument of the defendant’s liability.
• Defendant’s Intent or Gross Negligence: In some cases, if the defendant’s actions were intentional or grossly negligent, it may enhance the likelihood of establishing liability.

An experienced Philadelphia wrongful death attorney will thoroughly assess these factors to build a compelling case on behalf of the surviving family members.

Assessing Damages for a Philadelphia Wrongful Death Lawsuit

Damages in wrongful death cases serve to compensate the victim’s family members for their loss. Damages are awarded for many different reasons, and numerous factors must be assessed to determine proper compensation. That is why it’s important to approach each case individually and consult with a wrongful death lawyer in Philadelphia who focuses on these claims.

Some factors are relatively easy to assess, like the expenses incurred from medical and death costs, including funeral and burial expenses. Other factors may be less obvious, despite being equally important. These can include future earnings, future benefits, and loss of companionship.

Assessing the dollar amount of such damages for cases in Philadelphia can be difficult. Doing so requires anticipating the victim’s lifespan and future earnings, as well as the subjective impact of the death on surviving family members.

Punitive damages may also be assessed in these cases. While other damages compensate for a specific loss, punitive damages serve as a punishment for the defendant. They may be awarded if a defendant’s actions were intentional or grossly negligent. These damages can also discourage others from taking similar actions in the future.

Having a professional on your side can help, so contact a Philadelphia accidental death lawyer regarding your case.

Contact Rothenberg Law Firm for Your Wrongful Death Claim

During this difficult time, the wrongful death lawyers at Rothenberg Law Firm understand the immense emotional toll that accompanies a death due to the negligence of others.

We are here to offer compassionate support and guide you through the legal intricacies, striving to make the process as manageable as possible for you and your family.

With a legacy of 50 years in Philadelphia, our firm has successfully assisted countless clients, securing billions of dollars in verdicts and settlements. Let us be your advocates during this challenging journey.

By choosing us, you benefit from our proven track record and the advantage of having a local Philadelphia office. We are accessible to you when you need us, and we’ll be here every step of the way.

Contact our Philadelphia personal injury lawyers today for compassionate and experienced legal guidance to pursue the justice and compensation your family deserves during this challenging time.

Call our Philadelphia office at (800) 624-8888 or fill out our online Contact form for a free consultation. We’ll evaluate your case and determine if you are entitled to damages. Your rights matter, and we are here to fight for them.