What to Expect When Hiring a Wrongful Death Attorney in Philadelphia

Losing a loved one is devastating under any circumstances, but when their death was caused by someone else’s wrongful actions or negligence, the pain is often compounded by a desire for justice. In these situations, families may consider filing a wrongful death lawsuit in Pennsylvania to seek accountability and financial support for the immense loss they’ve suffered. 

If you’re thinking about taking legal action, it’s important to understand what to expect when working with a Philadelphia wrongful death attorney.

This blog walks you through the key steps in hiring a wrongful death lawyer, what your role will be, and how an attorney can support you and your family through one of the most difficult chapters of your life.

Understanding What a Wrongful Death Case Is

A wrongful death claim can arise anytime someone dies due to the careless, reckless, or intentional actions of another party. These cases can stem from a wide range of fatal incidents, including:

• Car accidents caused by negligent or intoxicated drivers
• Medical malpractice leading to fatal injuries or illnesses
• Workplace accidents due to unsafe conditions or employer negligence
• Dangerous or defective products
• Criminal actions such as assault or homicide

The purpose of a wrongful death lawsuit is to provide compensation to the surviving family members who have been emotionally and financially affected by the loss. This may include a spouse, children, or parents of the deceased, depending on the circumstances.

Step 1: The Initial Consultation

The process begins with a consultation, which is typically free and confidential. During this meeting, the attorney will listen to your story, ask questions about the circumstances surrounding your loved one’s death, and assess whether you have a valid claim under Pennsylvania law.

You can expect the lawyer to inquire about:

• How and where the death occurred
• Whether there is any available documentation (accident reports, autopsy findings, etc.)
• Who may be responsible for the death
• Whether the deceased had dependents or beneficiaries

This is also your chance to ask questions, such as:

• How long does a wrongful death case typically take?
• What experience do you have with similar cases?
• How are legal fees handled?

Most wrongful death attorneys work on a contingency fee basis, meaning they only get paid if they secure compensation for you.

Step 2: Investigating the Case

Once you agree to move forward, your Philadelphia wrongful death attorney will begin a detailed investigation into your case. This includes gathering evidence to establish liability and calculating the full value of the loss. Your legal team may:

• Obtain police reports, medical records, and death certificates
• Interview witnesses or hire expert witnesses (e.g., accident reconstructionists or medical specialists)
• Review any available surveillance footage or photos
• Analyze insurance policies or employment records
• Investigate the defendant’s history (especially in cases of repeated negligence)

This phase can take time, particularly if the case involves complex circumstances or multiple liable parties. However, thoroughness is essential to building a strong and persuasive claim.

Step 3: Filing the Wrongful Death Lawsuit

In Pennsylvania, a wrongful death claim must generally be filed by the personal representative (or executor) of the deceased’s estate. If no representative exists, the court may appoint one. The lawsuit is filed on behalf of the eligible family members, typically the spouse, children, or parents of the deceased.

Your attorney will draft and file the necessary paperwork with the court and serve the defendant(s) with notice. From there, the legal process begins.

It’s important to note that Pennsylvania has a two-year statute of limitations for filing wrongful death claims. This means that if you wait too long, you could lose the right to seek compensation altogether. Hiring an attorney early ensures that no critical deadlines are missed.

Step 4: Negotiation and Settlement

Many wrongful death lawsuits are resolved through settlement negotiations rather than going to trial. Your attorney will use the evidence gathered to negotiate with the defendant’s insurance company or legal team. The goal is to reach a fair settlement that compensates you for:

• Funeral and burial expenses
• Medical expenses related to the final injury or illness
• Lost income and benefits the deceased would have earned
• Loss of companionship, care, and guidance
• Emotional pain and suffering

During this stage, you may receive one or more settlement offers. Your lawyer will advise you on whether to accept or reject an offer based on its fairness and your family’s long-term needs.

Step 5: Going to Trial (If Necessary)

If a fair settlement cannot be reached, your Philadelphia wrongful death attorney may recommend taking the case to court. At trial, both sides present evidence, question witnesses, and argue their case before a judge or jury.

Trials can be emotionally taxing and time-consuming, but they may be the only way to secure full justice if the opposing party refuses to accept responsibility or offer adequate compensation.

Rest assured that your attorney will prepare you thoroughly and advocate for your family every step of the way. Their goal is to achieve the outcome that honors your loved one’s memory and secures your future stability.

What Your Attorney Does Behind the Scenes

Even when you’re not actively participating in legal proceedings, your attorney is working behind the scenes to move your case forward. This includes:

• Drafting legal motions and managing court filings
• Communicating with opposing counsel and insurance companies
• Scheduling and conducting depositions
• Preparing expert witnesses
• Keeping you updated on any major developments

Your attorney will also serve as a compassionate advisor during emotionally difficult moments. Grieving families often find comfort in knowing that someone is handling the legal complexities while they focus on healing.

What You Can Do to Support Your Case

While your legal team handles the majority of the work, there are a few ways you can help support your wrongful death case:

• Keep a record of all expenses related to your loved one’s passing (funeral costs, medical bills, travel expenses)
• Save important documents such as death certificates, insurance policies, or communications with the defendant
• Avoid discussing the case publicly, especially on social media, as statements could be used against you
• Follow your attorney’s guidance and respond promptly to requests for information

These steps help ensure your case stays strong and progresses efficiently.

The Emotional Aspect of a Wrongful Death Case

Wrongful death cases are unlike other personal injury claims because they involve an irreplaceable human loss. While financial compensation can’t bring your loved one back, it can relieve financial strain, bring a sense of accountability, and offer the resources needed to begin healing.

A seasoned Philadelphia wrongful death attorney understands the delicate emotional balance these cases require. They don’t just focus on winning, they focus on listening, supporting, and ensuring that your voice is heard.

Why Legal Representation Matters

Navigating a wrongful death lawsuit in Pennsylvania is complex. There are legal deadlines, procedural rules, and emotionally charged negotiations to manage. Insurance companies and defendants often use aggressive tactics to deny or minimize liability. Without experienced legal guidance, families may be taken advantage of or walk away with far less than they deserve.

Hiring a qualified attorney helps you level the playing field and gives you the best chance of securing full compensation. More importantly, it allows you to grieve without bearing the added burden of complex legal matters.

Talk to a Philadelphia Wrongful Death Attorney Today

If you’ve lost a loved one due to someone else’s negligence, you don’t have to go through the legal process alone. The compassionate and experienced team at Edelstein Martin & Nelson, LLP is here to help you pursue justice and secure the compensation your family needs to move forward. 

Call us today at (888) 630-4409 to schedule a free consultation with a trusted Philadelphia wrongful death attorney who will stand by your side every step of the way.