Why Hiring a Wrongful Death Lawyer is Critical for Your Family’s Future
Losing a loved one to someone else’s negligence brings deep grief and sudden financial strain. You need to hire wrongful death lawyer services to steer the legal process and pursue the justice and compensation your family needs—while you focus on healing.
Key reasons to hire a wrongful death lawyer:
- Steer strict procedures and deadlines
- Maximize compensation by countering low insurance offers
- Prove negligence with evidence and expert analysis
- Handle all legal work so you can focus on your family
In Pennsylvania, you generally have two years from the date of death to file a claim. Cases often arise from car accidents, medical malpractice, or workplace incidents. Families can seek compensation for funeral costs, lost income, and loss of companionship.
At J. Fine Law, our team has over 25 years of experience fighting for families like yours. We work tirelessly to hold negligent parties accountable and secure the compensation you need.
Understanding Your Rights: Wrongful Death Claims Explained
When a loved one’s death is caused by another’s carelessness or intentional act, the grief is compounded by questions of justice and financial stability. Pennsylvania law provides a path for families to hold responsible parties accountable through a wrongful death claim.
These civil lawsuits are separate from criminal cases and focus on compensating the family for their losses. Common causes include:
- Car and truck accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Unsafe property conditions (premises liability)
While no amount of money can replace your loved one, a successful claim can provide financial relief and accountability.
What is a Wrongful Death Claim vs. a Survival Action?
In Pennsylvania, families can often pursue two types of claims simultaneously:
- A wrongful death claim compensates surviving family members for their own losses, such as lost financial support and companionship, from the time of death onward.
- A survival action is filed on behalf of the deceased’s estate to recover damages the victim could have claimed if they had lived, including pain and suffering from the injury until death.
Wrongful Death Claim | Survival Action |
---|---|
Who Benefits: Surviving family members (spouse, children, parents) | Who Benefits: The deceased person’s estate |
Damages Recovered: Loss of financial support, companionship, inheritance, mental anguish, funeral costs | Damages Recovered: Pain and suffering between injury and death, medical bills, lost wages during that period |
Focus: Family’s ongoing losses | Focus: Deceased person’s experience |
An experienced attorney can determine which actions apply to your case to ensure you pursue all available compensation.
Who Can File and What Damages Can Be Recovered?
In Pennsylvania, a wrongful death claim is typically filed by the personal representative of the deceased’s estate on behalf of the beneficiaries. Eligible family members who can recover damages include the spouse, children, and parents. If an eligible family member does not file within six months, the personal representative may file on behalf of all beneficiaries.
Recoverable damages can include:
- Medical bills and funeral expenses
- Lost income and future earning capacity
- Loss of inheritance
- Loss of companionship, guidance, and support
For more detailed information, visit our wrongful death lawyer page.
The Critical Timeline: Pennsylvania’s Statute of Limitations
Pennsylvania imposes a strict two-year statute of limitations for filing a wrongful death claim, usually beginning on the date of death. In limited circumstances (such as some medical malpractice matters), the findy rule may affect timing, but you should not delay. Evidence disappears and witnesses’ memories fade.
To protect your rights and build the strongest possible case, you must hire wrongful death lawyer services promptly. If the death involved a specific incident like a truck crash, other deadlines may also apply. Learn more about truck accident wrongful death claims.
ARTICLE SPECIFICATIONS
- Topic: Hire wrongful death lawyer
- Format: Extensive Guide
Quick Answers: Wrongful Death in Pennsylvania and New Jersey
- What constitutes a wrongful death claim? A death caused by another’s negligence or wrongful act that would have supported a personal injury claim had the person lived.
- Who can file? In PA and NJ, the personal representative typically files on behalf of eligible beneficiaries (generally spouse, children, and parents). Eligibility and distribution follow state statutes.
- What damages are recoverable? Economic losses (medical and funeral bills, lost income/benefits, loss of services) and non-economic losses (loss of companionship, guidance, consortium). In some cases, additional damages may be available through related claims.
- Statute of limitations: Generally two years from the date of death in both PA and NJ. Do not wait—deadlines can vary in special circumstances.
- Difference between wrongful death and survival actions: Wrongful death compensates the family’s losses after death; a survival action recovers the decedent’s damages (like pain and suffering, wages) between injury and death for the estate.
- Can a bystander file a wrongful death claim? Only statutory beneficiaries (through the estate) can pursue wrongful death. However, a bystander who witnessed the event may have a separate claim (e.g., negligent infliction of emotional distress) under specific PA/NJ rules.
- Key evidence: Death certificate, police and incident reports, medical records, expert opinions (medical, reconstruction, economics), employment/earnings records, and witness statements.
- How a lawyer helps: Investigates, preserves evidence, proves liability and damages, handles insurers, negotiates, and litigates if needed to maximize recovery.
- Costs: Most firms work on contingency—no upfront fees; you pay only if there’s a recovery.
- What determines case value? Liability strength, comparative fault, available insurance/defendant assets, decedent’s age/health/earnings, dependency of survivors, venue, and evidence quality.
- How are settlements paid? Lump sum or structured settlements. We help you choose what fits your family’s needs. Learn more about structured settlements from the Justice Department.
- Common causes: Vehicle crashes (including trucks), medical malpractice, workplace incidents, defective products, and unsafe property. See more about a Wrongful Death Truck Accident.
- Why hire an experienced attorney? Experience drives better investigations, strategy, and results—especially against insurers.
- If minors are involved: Courts typically must approve settlements, and funds are safeguarded (e.g., trusts/structured payouts) for the child’s future. For more details, see More info about wrongful death claims.
Why You Need to Hire a Wrongful Death Lawyer and What to Expect
After a tragic loss, facing a legal battle is the last thing on your mind. Still, you should hire wrongful death lawyer services to protect your family’s future. Wrongful death cases are complex, and insurers work to minimize payouts. A quick settlement offer is often far less than your family deserves.
An experienced attorney levels the playing field—handling the investigation, negotiations, and filings—so you can focus on healing. For an overview of the legal framework, see Cornell Law School’s What is wrongful death?.
The Role of an Attorney: How They Build Your Case
- Investigate thoroughly: Collect police reports, medical records, and witness statements
- Work with experts: Accident reconstructionists, medical experts, and economists
- Prove negligence: Show breach of duty, causation, and damages
- Calculate all losses: From lifetime earnings to loss of companionship and guidance
- Handle proceedings: From filing to trial if a fair settlement isn’t offered
What to Expect When You Hire a Wrongful Death Lawyer
- Contingency fee: No upfront costs; we’re paid a percentage only if we win
- Settlement options: Lump sum or structured settlements. Learn more from the Justice Department
- Clear communication: Direct access to your attorney and regular updates
Taking the Next Step to Hire a Wrongful Death Lawyer
Experience matters. At J. Fine Law, we prepare every case for trial, a strategy that often leads to stronger settlements. Our 98% success rate and over $50 million recovered reflect our commitment. When minors are involved, we safeguard their future with court-approved arrangements.
We offer a free, no-obligation consultation to explain your options. Contact a Pennsylvania wrongful death lawyer today so we can fight for the justice and compensation your family deserves.