Wrongful Death FAQs

In most cases, you have only two years from the date of death to file a claim for wrongful death damages. If you miss the deadline, you forfeit your right to compensation.

The personal representative of your loved one’s estate has legal standing to file a wrongful death claim. If she or he does not file suit within six months of your loved one’s death, you or another family member can do so.

If your loved one’s child is a minor, the court is likely to appoint a guardian ad litem to protect the child’s interests.

Depending on the facts of your claim, you may be entitled to damages for:

The personal representative is responsible for recovering damages and distributing the money to the beneficiaries of the estate according to inheritance laws of Pennsylvania.

Your wrongful death claim is based on a personal injury cause of action, and so you must prove that the defendant was negligent and that this negligence caused the death.

Your loved one’s personal injury lawsuit survives the death. As an heir, you should receive the damages recovered in the personal injury claim.

You should never accept a settlement offer before an experienced personal injury lawyer has reviewed it. Insurance companies push hard to get you to sign a settlement quickly, knowing that you are unlikely to accept their low-ball offer after you and your attorney have had time to evaluate it.

Workplace fatalities should be thoroughly investigated to ensure that you receive all of the benefits you’re entitled to. The possible sources of compensation include workers compensation benefits, insurance payments and personal injury awards.

We know that the period after a loved one’s death is difficult, both emotionally and financially. So our firm handles your claim on contingency, which means that you do not owe us any fees until you recover compensation. Contingency fees are based on a percentage of the amount recovered.