Philadelphia Wrongful Death Lawyer

No legal claim replaces the person who was lost. But what a wrongful death case does is hold the responsible party financially accountable and provide the surviving family with resources to stabilize a future that has changed without warning.

A Philadelphia wrongful death lawyer helps families pursue accountability and compensation when someone they love died because of another person's or company's negligence. 

The Rothenberg Law Firm LLP has represented families through wrongful death claims for more than 55 years across Philadelphia, Pennsylvania, New York, and New Jersey. These cases require both sensitivity and relentless preparation. 

Our Philadelphia office is ready to guide your family through this process. Call 215-732-7000 for a free consultation.

Why Grieving Families Turn to The Rothenberg Law Firm

Wrongful death cases carry legal complexity that most personal injury claims do not, and that complexity arrives at the worst possible time. Your family is grieving while the legal process demands immediate action, and insurance companies begin building their defense. 

Families need a firm that handles the legal burden so they do not have to navigate it alone.

The Rothenberg Law Firm LLP brings the resources, preparation, and compassion these cases require. With billions recovered for clients and a commitment to treating every family the way the firm would treat its own, we approach wrongful death claims with the seriousness they demand.

Wrongful Death Results That Reflect Our Preparation

The Rothenberg Law Firm LLP has a track record of holding negligent parties accountable for fatal injuries:

• $19.87 million verdict for the wrongful death of a pregnant woman killed in an explosion
• $15 million for a wrongful death caused by an auto product defect
• $13.75 million wrongful death settlement
• $6.5 million verdict in a Ford Explorer rollover wrongful death case
• $4.2 million for a pedestrian killed by construction debris
• $3.25 million for a fatality in a motor vehicle crash

Past results do not guarantee future outcomes. 

How The Rothenberg Way Applies to Wrongful Death Cases

Wrongful death claims require a different kind of preparation than other personal injury cases. 

The person who experienced the harm is gone. Their account of what happened, how they felt the impact, and what they experienced in the moments and days that followed is no longer available. The evidence must be reconstructed entirely from records, witnesses, and physical evidence.

That reconstruction is where The Rothenberg Way begins. Our legal team builds each wrongful death case from the ground up using professionals across multiple disciplines:

• Accident reconstruction professionals establish how the incident occurred, who bears responsibility, and what physical evidence supports the family's claim
• Medical professionals review autopsy findings, hospital records, and treatment timelines to document the cause and manner of death
• Forensic economists analyze the deceased person's employment history, salary trajectory, and projected lifetime earnings to calculate the financial impact on the surviving family
• Vocational analysts assess the value of household services, caregiving, and daily contributions the deceased person provided to the household

Together, these professionals build a financial model that reflects what the family lost, not just in the immediate aftermath, but over the decades ahead. 

Wrongful death cases at The Rothenberg Law Firm LLP are prepared with trial-level depth from the start. When the at-fault party's insurer refuses to offer compensation that reflects the family's actual losses, we file suit and take the case to a Philadelphia courtroom.

What Qualifies as Wrongful Death Under Pennsylvania Law?

A wrongful death occurs when a person dies because of another party's negligent, reckless, or intentionally harmful conduct. Under 42 Pa. C.S. § 8301, an action may be brought to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

What Types of Incidents Lead to Wrongful Death Claims in Philadelphia?

Wrongful death claims in Philadelphia arise from a wide range of incidents. Motor vehicle crashes, pedestrian accidents, truck collisions, medical malpractice, construction accidents, defective products, and premises liability incidents all produce wrongful death cases. The cause of death determines which parties may be liable and what evidence the claim requires.

Can a Family File a Wrongful Death Claim if No Criminal Charges Were Filed?

Yes. A wrongful death claim may proceed even if criminal charges have not been filed against the responsible party. Civil and criminal cases operate independently. A criminal acquittal does not prevent a family from pursuing a civil wrongful death claim because the burden of proof in civil court is lower than in criminal court.

What Must a Family Prove to Win a Wrongful Death Case in Pennsylvania?

A wrongful death claim requires proof of four elements. The plaintiff must show that: 

• The defendant owed a duty of care to the deceased person
• The defendant breached that duty through negligent or reckless conduct
• The breach directly caused the death
• The surviving family members suffered measurable damages as a result

Medical records, accident reports, professional testimony, and financial documentation all play a role in establishing these elements.

Ask The Rothenberg Law Firm

Q: My family member died in a car accident, and the other driver was not charged with a crime. Do we still have a wrongful death case?

A: Yes, you may still have a case. Criminal charges and civil wrongful death claims are separate legal proceedings with different standards of proof. A civil claim requires proof by a preponderance of the evidence, which is a lower threshold than criminal cases require. 

Q: My sibling died in an accident, and I was financially dependent on them. Do I qualify as a beneficiary?

A: Unfortunately, Pennsylvania law limits wrongful death beneficiaries to the spouse, children, and parents of the deceased person. Siblings are not included, regardless of financial dependency. However, if you are named as a beneficiary of the deceased person's estate in their will, you may receive a share of survival action proceeds distributed through the estate.

Q: Do I need to open an estate before filing a wrongful death claim?

A: Usually, the personal representative of the deceased person's estate files the wrongful death claim, but a qualifying beneficiary may be able to file if no claim is brought within six months. If no estate has been opened, the court may need to appoint an administrator. This process takes time, which is why contacting a wrongful death attorney early is important.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

Pennsylvania law creates two separate legal claims when a person dies due to negligence. Both are typically filed together in the same lawsuit, but they compensate different people for different losses.

The Wrongful Death Claim Compensates the Family

The wrongful death action under 42 Pa. C.S. § 8301 compensates the surviving spouse, children, and parents for the losses they suffered because of the death. Wrongful death proceeds are paid directly to the beneficiaries and are not subject to income or inheritance tax or the claims of the deceased person's creditors.

Wrongful death damages may include:

• Loss of the deceased person's future earnings and financial contributions to the household
• Loss of benefits, including health insurance, retirement contributions, and pension
• Loss of companionship, guidance, comfort, and parental care
• Loss of household services the deceased person provided
• Funeral and burial expenses

The Survival Action Compensates the Estate

The survival action under 42 Pa. C.S. § 8302 preserves the legal claim the deceased person would have brought if they had survived. A survival action allows the decedent's estate to step into the shoes of the deceased, enabling the personal representative to file any claims the decedent would have been entitled to if they had lived.

Survival action damages may include:

• The deceased person's pain and suffering between the time of injury and the time of death
• Medical expenses incurred during that period
• Lost wages from the date of injury through the date of death

Survival action proceeds go through the estate and are distributed according to the deceased person's will or, if no will exists, according to Pennsylvania's intestacy statutes. Unlike wrongful death proceeds, survival action damages are subject to the Pennsylvania inheritance tax.

The Rothenberg Law Firm LLP’s wrongful death attorneys in Philadelphia help families navigate this distinction and pursue both claims to their fair value. Contact us now for a free consultation.

Who Has the Right to File a Wrongful Death Claim in Pennsylvania?

Pennsylvania law limits who may bring a wrongful death claim and who may receive compensation from one. These restrictions surprise many families, and understanding them early affects how the case is structured.

Who Files the Wrongful Death Lawsuit on Behalf of the Family?

The personal representative of the deceased person's estate usually files the claim. This is the person named as executor in the deceased person's will. If there is no will, the court appoints an administrator to serve as the personal representative.

The personal representative files on behalf of the statutory beneficiaries. The representative does not need to be a beneficiary themselves, but they are usually appointed through probate before filing the lawsuit.

Which Family Members Qualify as Wrongful Death Beneficiaries in Pennsylvania?

Pennsylvania law limits wrongful death beneficiaries to the spouse, children, or parents of the deceased person. The damages recovered are distributed to the beneficiaries in the proportion they would take the personal estate of the decedent under intestacy laws, regardless of whether the deceased had a will.

Siblings, grandparents, aunts, uncles, and long-term domestic partners generally do not qualify as wrongful death beneficiaries in Pennsylvania. This is true no matter how close the relationship or how financially dependent they were on the deceased person. 

Although Pennsylvania law identifies the spouse, children, and parents as wrongful death beneficiaries, the damages available to any beneficiary depend on the losses that can be proven. In some cases, especially involving adult decedents, financial support, services, and other pecuniary losses become important issues.

What if There Are No Qualifying Beneficiaries?

If there are no surviving spouse, children, or parents, the personal representative may still bring a limited wrongful death claim for certain medical, funeral, and estate expenses. A survival action under § 8302 may still be filed through the estate. 

How Long Do You Have to File a Wrongful Death Claim in Pennsylvania?

Pennsylvania's statute of limitations for both wrongful death and survival actions is two years. 

The deadline analysis depends on the type of claim. In many Pennsylvania wrongful death cases, the wrongful death claim is measured from the date of death, while a survival action may involve the date of the underlying injury. Medical professional liability cases and other circumstances can involve different accrual rules. 

Because these deadlines can affect whether part of the case survives, families should speak with an attorney as early as possible.

Other deadlines and procedural requirements that may apply depending on the circumstances of the death:

• Claims against government entities, including those involving a city vehicle, a dangerous public road, or a state-owned facility, require a written notice of intent to sue within six months of the death
• Medical professional negligence claims generally require a certificate of merit, filed with the complaint or within 60 days after filing, stating that an appropriate licensed professional has supplied a written statement supporting a reasonable probability that the care fell outside accepted professional standards and caused harm

Evidence in wrongful death cases is often held by the defendant. Medical records, employment files, maintenance logs, surveillance footage, and internal communications all require formal legal demands to preserve and obtain. Filing early gives the legal team time to secure this evidence before it is altered, destroyed, or lost.

Philadelphia Wrongful Death Claims Answered by Our Attorneys

Taking the First Step for Your Family: Call for a Free Consultation

A wrongful death claim does not undo the loss your family has experienced. What it does is hold the responsible party accountable and provide your family with the financial resources to move forward. 

The legal process requires action within specific deadlines, and the sooner your family speaks with a personal injury attorney, the sooner critical evidence is preserved.

The Rothenberg Law Firm LLP’s Philadelphia wrongful death lawyer offers free consultations. We handle cases on a contingency fee basis. Call 215-732-7000 or reach us through our online contact form to discuss your family's wrongful death claim.

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The Rothenberg Law Firm Accident and Injury Lawyers - Philadelphia Office

1420 Walnut St
Philadelphia, PA 19102

Ph: (215) 330-6551