Wrongful Death Compensation

In Pennsylvania, the personal representative (referred to as “executor,” if named in a will, or “administrator,” if appointed by the court in cases where there was no will) of the deceased person’s estate can file a wrongful death lawsuit.

Although the personal representative can file the claim, any damages recovered are for the benefit of the deceased’s spouse, children, and/or parents. If the personal representative does not file the lawsuit within six months of the death, any of the eligible beneficiaries may file the suit on behalf of all eligible beneficiaries.

At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we help families understand their rights and determine who should lead the case. We handle the procedural steps efficiently and ensure that the proper parties receive their fair share of the compensation.

Wrongful death compensation in Pennsylvania includes both economic and non-economic damages. These may cover:

• Medical expenses incurred before death
• Funeral and burial costs
• Lost future earnings the deceased would have provided
• Loss of benefits, such as health insurance or retirement income
• Loss of household services (childcare, maintenance, etc.)
• Loss of consortium, companionship, and emotional support
• Mental anguish and emotional suffering of surviving family members

In some cases, punitive damages may be awarded if the defendant’s conduct was particularly reckless or malicious.

Our attorneys at Georgelis, Larsen & Sabatino Injury Law Firm, P.C. carefully assess every aspect of your case to calculate a full and fair damages package. We utilize financial experts, life care planners, and economic analysts to ensure every loss is accounted for- because your family deserves nothing less.

Pennsylvania has clear laws regarding the distribution of wrongful death compensation. The proceeds are distributed similarly to intestate (without a will) inheritance:

• Spouse only: Receives the full award.
• Spouse and children: The spouse gets $30,000 plus half the remaining amount if the children are also theirs. Otherwise, the estate is divided 50/50 between spouse and children.
• Children only: They divide the entire amount equally.
• Parents only: Each parent receives half.
• No spouse, children, or parents: Siblings divide the award, or if none, it goes to their children.

This structure ensures fairness, but disputes can arise. At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we are well-versed in the probate and estate administration processes and work to prevent or resolve family conflicts while securing timely payouts.

Pennsylvania’s statute of limitations for wrongful death claims is two years from the date of death. Failing to file within this timeframe can result in your case being permanently dismissed- no matter how valid your claim.

However, certain exceptions may apply, such as in cases involving minors or if the discovery of negligence occurs later (e.g., medical malpractice). It’s critical to consult with an attorney immediately to protect your rights and preserve evidence.

At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we act swiftly and strategically to ensure deadlines are met. We understand how vital this timeline is- not just legally, but emotionally- for families seeking closure and justice.

Proving a wrongful death case requires demonstrating that the defendant’s actions or negligence directly caused the decedent’s death. This typically involves:

• Accident reports
• Medical records and autopsy findings
• Eyewitness statements
• Expert witness testimony (medical professionals, accident reconstructionists, economists)
• Photographic or video evidence
• Employment and income records

At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we meticulously investigate each case, gathering and preserving key evidence while constructing a compelling legal narrative. We’ve built a strong network of experts over the years and know how to present your case convincingly in settlement negotiations or in front of a jury.

A wrongful death claim compensates family members for their personal losses stemming from the death (like emotional suffering, lost income, etc.), while a survival action allows the estate to recover damages the deceased could have claimed had they survived (such as pain and suffering or lost wages up to the time of death).

In other words:

• Wrongful death focuses on the family’s loss.
• Survival action focuses on the deceased’s suffering and financial damages before death.
  

Both types of claims can be filed together, and at Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we ensure that your case is structured to pursue the full range of available compensation. We know how to maximize recovery by asserting both claims effectively.

Yes. A wrongful death lawsuit is a civil action, which is completely separate from any criminal prosecution that may be filed by the state. Even if criminal charges are brought against the defendant (such as Homicide by Vehicle While DUI or manslaughter), you can still pursue civil damages for wrongful death.

Moreover, a civil lawsuit has a lower burden of proof- “preponderance of the evidence” rather than “beyond a reasonable doubt, which is the legal standard in a criminal matter.” This means a defendant can be held liable in a wrongful death case even if they are acquitted in criminal court.

At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we work in tandem with any criminal proceedings and our prior experience as prosecutors is instrumental to ensure your family’s interests are fully protected and justice is pursued from every angle.

Yes, if your loved one died on the job, you may be entitled to both workers’ compensation death benefits and, in some cases, a wrongful death claim against a third party. While workers’ compensation provides limited benefits for surviving dependents, it does not cover pain, suffering, or full wage loss.

If a third party- such as a subcontractor, equipment manufacturer, or negligent driver- was involved in the incident, a wrongful death lawsuit may also be possible.

Our firm has extensive experience in both workers’ comp and wrongful death law. We carefully analyze all parties involved in the fatal incident to determine every available source of compensation.

Choosing the right law firm in the wake of a tragedy is one of the most important decisions you’ll ever make. At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we offer more than legal representation- we offer unwavering support, proven results, and deep compassion.

We’ve recovered millions of dollars for families across Lancaster and Central Pennsylvania and are known for our tireless advocacy, responsiveness, and legal excellence. As a family-owned law firm, we take pride in offering personalized service to every client. Your case will not be passed off to a junior associate- we are hands-on from start to finish.

We handle the legal complexities so you can focus on healing. We’re available nights and weekends, offer free consultations, and don’t charge fees unless we win. With us, you’re not just a case- you’re family.