(267) 682-8918
Philadelphia Wrongful Death Attorney
Providing Compassionate Legal Representation to Grieving Loved Ones with Wrongful Death Claims
A loved one’s death is always tragic, but when the death was caused by someone else’s negligence or wrongful acts, the death of a family member or other loved one can be especially difficult to bear. After a wrongful death robs you of your beloved family member, you and others close to you lose more than just a loved one.
A family member’s death caused by a negligent party robs families of love, support, stability, income, and a sense of safety. Family members may face unfathomable challenges after the victim’s death, and it is only natural for them to be angry at those responsible for their loved one’s passing.
If you have lost a loved one to a fatal accident or malicious incident, you could be entitled to seek compensation with a wrongful death lawsuit. While no amount of financial compensation can ever hope to bring your loved ones back, fair compensation can help pay expensive bills such as medical expenses, funeral costs, lost wages, and more.
Pennsylvania law for wrongful death lawsuits can be complicated, and it is not recommended that grieving family members attempt to navigate the legal system on their own. Philadelphia wrongful death attorneys are available to help surviving family members and the personal representatives of the decedent’s estate seek justice and recover damages from at-fault parties.
Duane Lassiter is an experienced wrongful death attorney who, along with his legal team, prides himself on providing compassionate and personal legal services to clients in need.
Regardless of how the wrongful death occurred, we encourage potential clients to contact our Philadelphia law office to discuss how they may hold the at-fault party accountable for their actions (or inactions).
Our wrongful death law firm offers free consultations to all prospective new clients interested in retaining our legal services.
What is a Wrongful Death Lawsuit?
Under Pennsylvania law and the Wrongful Death Act, a death is considered wrongful if it is the result of someone else’s negligent, intentional, or otherwise wrongful acts. The surviving family members and the personal representative of the deceased person’s estate have the legal right to file a wrongful death lawsuit in an attempt to ensure that the at-fault parties are held liable for their actions.
The compensation recovered in a wrongful death claim can go towards offsetting burial costs, medical bills, and more. Additionally, a successful wrongful death lawsuit can provide a measure of accountability and justice for the loss of your family member.
An experienced Philadelphia wrongful death lawyer can be invaluable to surviving loved ones seeking justice and financial recovery. Please contact our Philadelphia law firm today to discuss your wrongful death case in a free, no-obligation case evaluation.
Understanding the Legal Standard of Negligence in Pennsylvania Wrongful Death Cases
A wrongful death occurs when a person loses their life due to someone else’s negligence, wrongful act, or unlawful violence. Under the Pennsylvania Wrongful Death Act, surviving family members, through the personal representative of the deceased person’s estate, may pursue a wrongful death lawsuit to hold negligent parties legally responsible and recover damages.
Most wrongful death claims arise from motor vehicle accidents, medical malpractice, workplace accidents, and dangerous property conditions, but these cases can also involve criminal acts or other forms of reckless behavior.
To prove negligence in a Philadelphia wrongful death case, your attorney must show that the at-fault party owed a duty of care, breached that duty, and directly caused the fatal injury that resulted in the family member’s death. Establishing liability requires strong evidence such as accident reports, expert testimony, medical evaluations, and witness statements about the fatal accident.
When negligence is clearly established, wrongful death attorneys can pursue financial compensation for medical expenses incurred, funeral expenses, lost wages, emotional distress, and other wrongful death damages.
An experienced Philadelphia wrongful death attorney understands these legal standards, the complex filing requirements under Pennsylvania law, and how to present evidence effectively.
With a proven track record and the ability to negotiate with insurance companies and opposing counsel, experienced wrongful death attorneys help families seek justice, hold negligent parties accountable, and secure fair compensation after an unexpected death.
Are Philadelphia Wrongful Death Lawsuits the Same as Personal Injury Claims?
A wrongful death claim and a personal injury claim are similar in many ways. In a personal injury case, the injured victim would bring their claim against the at-fault party in pursuit of fair compensation for their losses and injuries.
Wrongful death victims cannot speak for themselves. Instead, wrongful death cases are filed by and for the benefit of the victim’s survivors and all the beneficiaries who were dependent upon the victim. The loved ones will stand in place of their deceased family member in an attempt to hold the at-fault party or entity responsible for their negligent behavior.
Who Can File a Wrongful Death Claim in Philadelphia, PA?
Pennsylvania laws require that wrongful death claims be filed by the personal representative of the decedent’s estate on behalf of all the victim’s beneficiaries. If the deceased individual left behind a last will and testament, that legal document should have named a personal representative. If there is no will, the court may appoint a personal representative.
The Pennsylvania Wrongful Death Act only allows surviving family members, such as the surviving spouse, children, or parents of the wrongful death victim, to recover damages from a wrongful death lawsuit.
If the personal representative of the decedent’s estate does not file a wrongful death claim within six months of the victim’s death, any of the beneficiaries may be entitled to file a claim on behalf of all the beneficiaries.
What Are the Common Causes of Wrongful Death Cases?
In every wrongful death case, it is important to determine how the death occurred.
Wrongful deaths can result from the following:
- Airplane and train accidents
- Car accidents
- Commercial truck accidents
- Construction site accidents
- Dog bites and animal attacks
- Drowning
- Electrocutions
- Explosions
- Exposure to toxic chemicals and materials
- Intentional acts of violence and assault
- Medical malpractice or medical negligence
- Motorcycle accidents
- Nursing home abuse and elder neglect
- Pedestrian and bicycle accidents
- Premises liability accidents
- Product liability cases
- Recreational activities and sports
- Slip and fall accidents
- Workplace fatalities
- And more
Sometimes, a car accident results in only minor injuries. However, in a more serious accident, the driver and their passengers could suffer fatal injuries. Similarly, in most cases, a workplace accident is considered minor, but injuries could be more severe and life-threatening depending on the line of work.
In cases of assault or violence, the at-fault party may face criminal charges. However, the surviving loved ones still have the right to seek wrongful death compensation in a civil case.
What Sort of Monetary Compensation Can Be Recovered in a Wrongful Death Case?
A successful wrongful death claim can help surviving family members cope and contend with the financial hardships their loved one’s death.
Financial recovery may be awarded in both economic and non-economic damages. Examples include the following:
- Emotional distress
- End-of-life expenses
- Estate administration expenses
- Funeral expenses
- Hospital bills and medical expenses incurred before the decedent’s passing
- Loss of enjoyment of life
- Lost companionship or consortium
- Memorial expenses and burial costs
- The value of lost household income or benefits
In some cases, a judge may also order punitive damages.
What Evidence Is Required to Prove a Wrongful Death Claim?
In most Philadelphia wrongful death lawsuits, the strength of the case depends on the quality and depth of evidence that establishes fault, proves the extent of damages, and demonstrates the financial and emotional losses caused by a loved one’s death.
To successfully file a wrongful death claim, your attorney will gather documentation that shows how the wrongful act occurred and how it affected surviving family members. This evidence may include accident scene photos, medical records, toxicology reports, employment documents, and proof of medical bills, lost wages, and ongoing financial support.
A skilled Philadelphia wrongful death lawyer also investigates broader liability issues, especially in cases involving premises liability, car accidents, medical malpractice, workplace accidents, or criminal acts.
When necessary, experienced wrongful death attorneys collaborate with expert witnesses such as accident reconstruction specialists, forensic accountants, and medical professionals to strengthen the wrongful death case. Experts help establish not only how and why the fatal injury happened, but also the economic impact on the deceased person’s estate, surviving spouse, children, or other immediate family members.
In some cases, emails, security camera footage, safety reports, or maintenance logs help prove violations of regulations or carelessness that contributed to the fatal accident. Demonstrating negligence with strong evidence is critical to securing wrongful death compensation, including financial support, emotional pain, burial costs, and punitive damages in cases involving reckless or intentional wrongdoing.
All Philadelphia wrongful death claims are unique. Working with an experienced wrongful death attorney makes a meaningful difference in handling the complex legal process, identifying liable parties, and developing the legal strategy required to recover damages. Our Philadelphia wrongful death attorney offers a free consultation to help families understand their rights and legal options.
Schedule a Free Consultation with Our Philadelphia Wrongful Death Attorney Today
To ensure that your case meets the basic criteria for a wrongful death claim in Philadelphia, Pennsylvania, we encourage you to contact our law firm to discuss your case in more detail in a free consultation.
When seeking financial recovery in a wrongful death lawsuit, it is strongly recommended that all interested parties retain professional legal representation from experienced Philadelphia wrongful death lawyers.
Wrongful death attorney Duane Lassiter has years of experience representing clients in complicated and traumatic legal matters, including wrongful death cases. As your legal representation, our wrongful death lawyer and his legal staff will do everything within their power to get you the compensation and justice you deserve.
To learn more about our legal services, please contact our Philadelphia law office to schedule your free case evaluation today. You can reach us at 267-682-8918.
Frequently Asked Questions About Philadelphia Wrongful Death Claims
How long do I have to file a wrongful death lawsuit in Pennsylvania?
Under the Pennsylvania wrongful death statute of limitations, a wrongful death lawsuit must generally be filed within two years from the date of the loved one’s death. If the case involves medical malpractice, government liability, or criminal acts, exceptions may apply. It is crucial to speak with a Philadelphia wrongful death attorney promptly to protect your right to seek compensation.
What is the difference between a wrongful death claim and a survival action in Philadelphia?
A wrongful death claim seeks financial compensation for losses experienced by surviving family members, such as emotional distress, funeral expenses, and lost financial support. A survival action, however, belongs to the deceased person’s estate and seeks damages the person would have been entitled to had they survived, such as medical bills incurred, lost wages, and compensation for pain and suffering.
Can multiple family members be compensated in a wrongful death case?
Yes. In Philadelphia wrongful death cases, more than one family member may be eligible for wrongful death compensation, including spouses, children, and sometimes parents. The court will determine how any awarded damages should be distributed based on each family member’s financial and emotional losses.
What happens if the at-fault party also faces criminal charges?
A criminal case—such as one involving DUI, assault, or homicide—does not prevent the filing of a wrongful death lawsuit. In fact, criminal charges may help support your wrongful death claim, but the civil case is handled separately. A Philadelphia wrongful death lawyer can pursue compensation even if the responsible party is acquitted in criminal court.
How is financial compensation calculated in a wrongful death claim?
Compensation in a wrongful death case can include economic damages like lost wages, future financial support, and medical expenses incurred, as well as noneconomic damages for emotional pain, loss of companionship, and loss of parental guidance. In some cases, punitive damages may be awarded when wrongful death occurs due to reckless or intentional misconduct.
Can adult children or siblings file a wrongful death lawsuit in Philadelphia?
Under the Pennsylvania Wrongful Death Act, immediate family members such as spouses, minor or dependent children, and sometimes parents may be entitled to compensation. Adult children or siblings may recover damages only if they were financially dependent on the deceased or if no closer relatives are eligible.
How do wrongful death attorneys prove liability when no witnesses are present?
Even without eyewitness testimony, wrongful death attorneys use accident reconstruction, expert analysis, medical evidence, surveillance footage, and digital records to establish fault. In medical malpractice or premises liability cases, records such as safety logs, medical charts, or inspection reports can be critical in demonstrating negligence or a wrongful act.
Is there a limit to how much compensation can be awarded in wrongful death claims in Pennsylvania?
Pennsylvania law does not impose general caps on wrongful death damages, except in certain claims involving government entities. The value of your wrongful death compensation depends on the evidence, the financial loss to surviving family members, and the severity of the negligent conduct. An experienced wrongful death attorney can help determine the fair value of your case.