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Wrongful Death Lawsuits in Pennsylvania: Compassionate Legal Support for Grieving Families

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June 7, 2025

Losing a loved one unexpectedly is one of the most heartbreaking experiences a family can face, especially when that loss was caused by someone else’s negligence or misconduct. In Pennsylvania, wrongful death laws are designed to help surviving family members seek justice and financial relief after a tragic loss.

At Edelstein, Martin & Nelson, we understand how devastating this time can be. We are here to provide compassionate legal guidance as you navigate your legal options during a period of grief and uncertainty.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil legal action filed when someone’s death is caused by the careless, reckless, or intentional actions of another party. These claims are meant to provide surviving family members with financial compensation for the losses they’ve suffered due to the death.

Wrongful death cases can arise from many types of incidents, including:

  • Car accidents
  • Truck collisions
  • Motorcycle accidents
  • Medical malpractice
  • Workplace accidents
  • Defective products
  • Criminal acts

Even though no amount of money can replace a loved one, a successful wrongful death claim can help ease the financial burden while holding the responsible parties accountable.

Who Can File a Wrongful Death Claim in Pennsylvania?

Under Pennsylvania law, only the personal representative (also called the executor) of the deceased person’s estate can file a wrongful death lawsuit. This person may be named in a will or appointed by the court.

Although the claim is filed on behalf of the estate, the compensation is intended for the benefit of certain surviving relatives, such as:

  • The spouse of the deceased
  • Children (including adopted children)
  • Parents of the deceased

If no eligible family members exist, the compensation may go to other beneficiaries of the estate.

Types of Damages in a Wrongful Death Lawsuit

A wrongful death lawsuit seeks to recover both economic and non-economic losses suffered by the surviving family. These damages can include:

  • Medical expenses related to the injury or illness that led to the death
  • Funeral and burial costs
  • Loss of income and financial support the deceased would have provided
  • Loss of household services, including caregiving, maintenance, and childcare
  • Loss of companionship, guidance, and affection
  • Pain and suffering of surviving family members

In some cases, families may also pursue a survival action, which compensates the estate for the pain and suffering the deceased experienced before passing.

Proving Liability in a Wrongful Death Case

To succeed in a wrongful death claim, it must be proven that the death was caused by another party’s negligence or wrongful conduct. This involves establishing four key elements:

  1. Duty of care: The defendant had a legal duty to act with reasonable care.
  2. Breach of duty: The defendant failed to uphold that duty through careless or wrongful actions.
  3. Causation: The breach of duty directly led to the death.
  4. Damages: The surviving family members suffered measurable losses as a result.

Each case is unique, and proving fault requires a thorough investigation, evidence collection, and sometimes expert testimony.

Statute of Limitations in Pennsylvania

In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person’s death. Missing this deadline can result in the loss of your right to file a claim.

There are some exceptions, particularly in cases involving minors or delayed discovery of wrongdoing. However, it’s critical to act quickly to preserve your legal options and gather necessary evidence while it’s still available.

How a Wrongful Death Lawyer Can Help

Wrongful death cases can be emotionally and legally complex. Families are often dealing with shock, grief, and unanswered questions, and the legal process can feel overwhelming.

That’s why having a skilled wrongful death attorney by your side is so important. We handle every aspect of the case, including:

  • Investigating the cause of death
  • Identifying liable parties
  • Gathering medical records and expert opinions
  • Calculating the full extent of your losses
  • Negotiating with insurance companies
  • Taking the case to court, if necessary

We are committed to easing your burden and providing clear, compassionate guidance every step of the way.

Common Causes of Wrongful Death in Pennsylvania

While wrongful deaths can occur in countless ways, some of the most frequent causes in Pennsylvania include:

  • Motor vehicle accidents: Distracted, intoxicated, or reckless driving often leads to fatal crashes.
  • Medical errors: Surgical mistakes, misdiagnoses, and medication errors can all result in preventable deaths.
  • Workplace accidents: Especially in construction, manufacturing, and transportation industries.
  • Premises liability: Falls, fires, and other hazards on unsafe properties.
  • Defective products: Faulty machinery, auto parts, or consumer goods can pose fatal risks.

Understanding the specific circumstances of your loved one’s death is critical to building a strong case and obtaining justice.

We Are Here to Support You

At Edelstein, Martin & Nelson, we know how overwhelming and painful it is to lose someone due to another’s negligence. Our team is committed to helping grieving families find answers and recover the compensation they need to move forward.

We approach every wrongful death case with empathy, professionalism, and the determination to fight for what’s right. With decades of combined experience and a track record of success, we stand ready to support you in your search for justice.

42Let’s Talk, We’re Here When You Need Us

You don’t have to face this alone. We are available 24/7 to discuss your case, answer your questions, and help you understand your rights.

  • 100% free consultation
  • No fee unless we win
  • Personalized, compassionate legal representation
  • Proven results in wrongful death cases across Pennsylvania

Call us today at 888-630-4409 to schedule your free consultation. We’re here to help you take the next step, one day at a time.

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