There’s no easy way to prepare for the sudden loss of a loved one, especially when that loss never should have happened in the first place. When someone’s life is cut short because of another person’s careless or reckless actions, wrongful death claims give families a legal way to seek both closure and compensation.
If you’re facing this type of unimaginable loss, Shrager, Sachs, & Blanco can assist. In a moment when everything feels uncertain, knowledge is power, and you have a right to hold these parties accountable for how they contributed to your loved one’s death.
Contact us through our confidential online portal to schedule a free consultation with a Philadelphia wrongful death lawyer
What Is Wrongful Death?
A wrongful death occurs when a person dies because of another party’s negligent, reckless, or intentional actions. Many times, this is the result of a car crash, medical mistake, unsafe working conditions, or even a violent act. What makes it “wrongful” is that the death could have and should have been prevented.
Unlike criminal cases, a wrongful death claim is a civil lawsuit. This is filed by the deceased person’s family or estate to seek justice in the form of financial compensation. It doesn’t put anyone in jail but holds them legally and financially accountable.
Pennsylvania law 42 Pa. C.S. § 8301 gives families the right to bring this type of claim. The statute defines wrongful death as a death “caused by the wrongful act or neglect or unlawful violence or negligence of another.”
With that, surviving family members can recover what they have lost in the form of emotional support, companionship, income, or services the deceased provided.
There is another legal action: survival action. This focuses on the suffering and damages the deceased experienced before death. Survival action allows the estate to pursue compensation for those losses as if your loved one had survived to file their own personal injury claim.
Under 42 Pa. C.S. § 8302, any compensation recovered becomes part of the estate and is distributed according to the will.
In most cases, both wrongful death and survival actions are filed together. However, you will need to consult with our wrongful death attorney in Philadelphia, PA, to learn about your available options.
Wrongful Death Is Different from Other Civil Actions
The legal system can feel complicated, especially when you are grieving for a loved one. Many families want to know how wrongful death differs from other types of cases, like personal injury or medical malpractice.
Wrongful Death vs. Personal Injury
A wrongful death is similar to a personal injury case, but tragically, the injured person is no longer alive to bring the lawsuit themselves. Instead, their family or estate seeks justice on their behalf.
Wrongful Death vs. Medical Malpractice
Medical malpractice is a specific type of negligence that occurs in a healthcare setting. If a doctor’s mistake, such as a misdiagnosis or surgical error, leads to death, the family may file a wrongful death claim based on that malpractice.
While medical malpractice and wrongful death can overlap. As your Philadelphia wrongful death attorney will explain in your first consultation, the legal strategy and proof required in each can be very different.
Can You File More Than One?
Yes, in certain situations, multiple claims can be filed. For example:
- If a person suffers a medical error and later dies, the estate may file both a medical malpractice claim and a wrongful death/survival action.
- If someone is seriously injured in an accident but survives, they would file a personal injury claim. If they later die from those injuries, the claim may convert into a wrongful death and survival claim.
Each claim must meet its own legal requirements, but they can be part of the same lawsuit or handled in tandem. An experienced wrongful death attorney in Philadelphia can help coordinate them and make sure all legal avenues are pursued.
Common Causes of Wrongful Death in Philadelphia
No family ever expects to lose someone because of another person’s carelessness or wrongdoing. But sadly, in a busy city like Philadelphia, preventable tragedies happen every day.
While every case is different, there are certain situations that are likely to result in wrongful death claims. Some of the most common causes include:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle collisions
- Medical mistakes
- Construction and workplace accidents
- Dangerous or defective products
- Nursing home neglect or abuse
- Acts of violence
If your family has experienced a loss in any of these circumstances, you have options. While a wrongful death claim cannot undo the heartbreak, it can provide accountability. Additionally, it can help secure the financial support your family needs to rebuild.
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
When you lose someone you love, the last thing you want to worry about is legal red tape. But if your family is considering a wrongful death lawsuit, you need to know who has the legal right to file under Pennsylvania law.
A wrongful death claim must be filed by the personal representative of the deceased person’s estate. This is usually the executor named in the will or, if there was no will, someone appointed by the court. This personal representative files the lawsuit on behalf of the surviving family members.
If no one files the lawsuit within six months of the death, then any eligible family member can step in and file the claim directly.
Who Is Eligible To Recover Compensation?
Pennsylvania limits recovery to certain close relatives:
- The spouse of the deceased
- The children of the deceased
- The parents of the deceased
These are the people the law considers immediate beneficiaries and those most directly affected by the loss.
If your loved one didn’t have a surviving spouse, children, or parents, the law does not allow more distant relatives or friends to recover damages unless they were financially dependent on the deceased.
This process can be confusing and emotionally overwhelming, especially when you’re still grieving. A compassionate wrongful death attorney can walk you through every step and help protect your family’s rights during a vulnerable time.
Proving a Wrongful Death Claim
When you’ve lost someone because of another person’s negligence, you already know that a terrible wrong has been done. But in the eyes of the law, wrongful death claims still require specific proof to succeed in court.
To hold the responsible party accountable, your attorney will need to show that their actions weren’t just unfortunate; they were legally wrong, and they directly caused your loved one’s death. The four elements in a wrongful death case include:
- Duty of care: The person or organization being sued had a legal responsibility to act with reasonable care.
- Breach of that duty: The defendant failed to meet that responsibility.
- Causation: There must be a clear connection between the breach of duty and your loved one’s death.
- Damages: The death must have resulted in real, measurable losses.
Building a strong case often requires gathering a variety of evidence, such as:
- Medical records
- Accident reports or police findings
- Expert opinions of medical specialists, accident reconstruction experts
- Witness statements
- Employment and financial documents showing lost support
Our team of Philadelphia wrongful death lawyers can help you determine the compensation you are eligible for in your specific situation.
What Compensation Is Available in a Wrongful Death Case?
When you lose someone you love, no amount of money can make things right. But a wrongful death claim is about easing that burden and honoring the value of the life that was taken too soon.
These damages are meant to help surviving relatives cope with the emotional and financial consequences of losing a loved one. They can include:
- Funeral and burial costs
- Loss of financial support
- Loss of household services
- Loss of companionship and guidance
- Medical bills related to the final injury or illness
On the other hand, survival action damages can include:
- Pain and suffering prior to death
- Lost earnings between injury and death
- Medical expenses
If you want to know what you are eligible for, a skilled attorney can help guide you through this process.
Statute of Limitations in Pennsylvania
The statute of limitations for wrongful death claims in Pennsylvania is two years from the date of death. This means you must file a lawsuit within that period, or you may permanently lose the right to pursue compensation.
Some exceptions may apply. For example, if the death was not immediately linked to the defendant’s negligence, or if the plaintiff was a minor at the time of death. However, these exceptions are rare and will require judicial approval.
You will want to take immediate legal action to ensure you get the maximum compensation allowed under the law.
Do I Need a Philadelphia Wrongful Death Lawyer for a Case?
Pennsylvania does not require you to hire an attorney to file a wrongful death claim. But trying to navigate this process on your own can be overwhelming, especially when emotions are raw, and aggressive insurance companies and seasoned legal teams often back the other side.
A compassionate and experienced wrongful death attorney does more than fill out paperwork. They are there to shoulder the burden, guide your family through unfamiliar territory, and fight to make sure your loved one’s story is heard.
Here’s what a skilled wrongful death lawyer will do:
- Investigate the circumstances of your loved one’s death
- Identify all responsible parties
- Gather evidence
- Calculate the full extent of your losses
- Handle every legal deadline and filing
- Negotiate with insurance companies
- Go to court if necessary
If you’re even thinking about whether you have a case, it’s worth having a conversation with a wrongful death attorney who understands the law.
Seeking Justice and Closure with Help from Shrager, Sachs, & Blanco
When that loss is caused by another’s negligence or wrongful conduct, pursuing a wrongful death claim is not only a legal right, but you can get a sense of justice, accountability, and financial security.
If you’re considering a wrongful death lawsuit in Philadelphia, Shrager, Sachs, & Blanco can help.
Reach out to us today to explore your options.
