By Pennsylvania Personal Injury Attorney Dean Linn
Losing someone you love is one of the hardest things a family can go through. And when that loss happens because of someone else’s carelessness — a reckless driver, an unsafe property, a preventable medical mistake — the grief can be mixed with anger, confusion, and a whole lot of unanswered questions.
If you’re reading this because you’ve lost a family member due to someone else’s wrongdoing, first: we’re truly sorry for your loss. Second: you have rights, and understanding them can make a real difference for your family’s future.
Here’s what families need to know about wrongful death claims in Pennsylvania — in plain English.
What Is a Wrongful Death Claim?
Think of a wrongful death claim as a way for a family to seek financial compensation when a loved one dies because of someone else’s negligence or misconduct. It is a civil lawsuit, meaning it goes through the court system, not the criminal justice system, and it is entirely separate from any criminal charges that might be filed against the responsible party.
That distinction matters: a family can pursue a wrongful death claim even if no criminal charges are brought, or even if the responsible person is found not guilty in a criminal trial. The two processes operate independently of each other.
Who Can File a Wrongful Death Claim in Pennsylvania?
Under Pennsylvania law, a wrongful death action is filed by the personal representative of the deceased person’s estate — usually the executor named in a will, or someone appointed by the court. But the money recovered from that lawsuit goes directly to surviving family members, including:
- A surviving spouse
- Children of the deceased
- Parents of the deceased (if there is no surviving spouse or children)
If none of those family members are living, other relatives may have the right to pursue a claim. An attorney can help your family sort out who qualifies and what your options are.
What Situations Can Lead to a Wrongful Death Claim?
Wrongful death claims can arise from many types of accidents and incidents. In the Philadelphia area, common causes include:
Car and truck accidents. Fatal crashes on I-95, the Schuylkill Expressway, and roads throughout Pennsylvania are among the most frequent causes of wrongful death claims. When a driver’s negligence — speeding, distracted driving, driving drunk — causes a fatal collision, the victim’s family may be entitled to compensation.
Medical mistakes. When a doctor, hospital, or other healthcare provider fails to meet an acceptable standard of care and a patient dies as a result, surviving family members may have a claim. These cases can be complex, but families deserve answers and accountability.
Workplace accidents. Falls, equipment failures, and other on-the-job incidents can be fatal, especially in construction and other physically demanding industries. Families may be able to pursue compensation beyond what workers’ compensation provides through what’s called a “third-party claim,” meaning a claim against someone other than the employer, such as a contractor or equipment manufacturer.
Unsafe property conditions. A poorly maintained staircase, a broken railing, or dangerously inadequate security can lead to fatal accidents, and the property owner may be held responsible.
Defective products. If a faulty product causes a fatal injury, the manufacturer or distributor may be held liable.
What Can a Family Recover?
Pennsylvania law allows families to seek compensation for a wide range of losses, including:
- Medical bills incurred as a result of the injury before death
- Funeral and burial expenses
- The financial support the deceased would have provided to the family over their lifetime
- Household services and childcare the family has lost
- The loss of a parent’s guidance and companionship for surviving children
Pennsylvania also allows something called a survival action, which is a separate but related claim filed on behalf of the estate. It can recover compensation for the pain and suffering the deceased experienced between the time of the injury and death. The two claims — wrongful death and survival action — are typically filed together to make sure families are pursuing every avenue of compensation available under the law.
How Long Does Your Family Have to File?
This is important: in Pennsylvania, families generally have two years from the date of death to file a wrongful death claim. Miss that window, and the right to pursue compensation can be lost entirely.
There are limited situations where that timeline can shift, but the safest approach is to speak with an attorney as soon as possible. Don’t assume you have more time than you do.
How an Attorney Can Help
When a family is grieving, the last thing they should have to worry about is going toe-to-toe with an insurance company. But insurance companies move quickly after a fatal accident, often before a family has even had time to catch their breath.
Having an attorney in your corner means someone is:
- Investigating what happened and preserving evidence before it’s gone
- Identifying everyone who may share responsibility
- Calculating the full value of what your family has lost, including future financial support
- Handling all communications with insurance adjusters and defense lawyers
- Fighting for a fair outcome so your family can focus on healing
At Aversa & Linn, wrongful death cases are handled on a contingency fee basis, which simply means there is no cost to your family unless we recover compensation for you. And there is no charge to call us and talk through your situation.
Steps to Take After Losing a Loved One
If your family has lost someone due to another person’s or company’s negligence, here are some practical steps to take:
- Call an attorney as soon as you can. The earlier your legal team gets involved, the better positioned your family will be.
- Hold onto any relevant documents. Medical records, police or accident reports, bills, and any communications from insurance companies can all be important.
- Don’t talk to the other side’s insurance company. They may reach out and sound sympathetic. Their job is to minimize what they pay. Let an attorney speak for you.
- Take care of yourself and your family. You don’t have to go through this alone.
We’re Here When You Need Us
At Aversa & Linn, we know that nothing can replace the person you’ve lost. But holding the right people accountable and securing financial stability for your family going forward matters. It can mean the difference between struggling and having real support as you rebuild.
If you have questions about a wrongful death claim in the greater Philadelphia area or anywhere in Pennsylvania, call us at 215-751-1717 or contact us online. It costs nothing to talk with us, and we’ll treat your family with the care and personal attention you deserve.
