Lost a Loved One to Negligence? Our Philadelphia Wrongful Death Attorneys Fight for Fair Compensation
Nothing shakes a family like a loved one’s death from a tractor-trailer crash on I-95, a surgical error at Jefferson, a workplace accident, or an accidental drowning on the Schuylkill. When a wrongful death occurs, the grief is overwhelming. Beyond the heartbreak come funeral expenses, burial costs, medical bills, and lost income.
Under the Pennsylvania Wrongful Death Act (42 Pa. C.S. §8301), surviving family members have the legal right to pursue financial compensation when negligence or reckless conduct causes a fatal injury. The Law Offices of Craig A. Altman has recovered over $100 million for injured Pennsylvanians, including a $20 million wrongful death settlement — one of the largest in the region. Our Philadelphia wrongful death lawyers handle every case on a contingency basis: no fee unless we win.
From our Center City office, we fight for injured Pennsylvanians across the Greater Philadelphia area, including Bucks, Montgomery, Delaware, and Chester Counties.
What Is a Philadelphia Wrongful Death Claim Under Pennsylvania Law?
Under the Pennsylvania Wrongful Death Act, a wrongful death is defined as a death caused by the wrongful act, neglect, unlawful violence, or negligence of another party.
A wrongful death lawsuit is a civil action brought for the benefit of surviving family members. It is separate from any criminal charges arising from the same conduct.
Most wrongful death cases in Philadelphia involve:
Motor vehicle accidents involving negligent drivers
Medical malpractice, including surgical errors and misdiagnosis
Workplace accidents and construction fatalities
Criminal acts or intentional harm
Defective products
Premises liability and negligent security
Birth injuries leading to fatal injury
Medical malpractice remains one of the leading causes of wrongful death claims in Philadelphia.
Who Can File a Philadelphia Wrongful Death Lawsuit?
Under Pennsylvania law:
The personal representative of the deceased’s estate must file a wrongful death lawsuit.
Eligible beneficiaries typically include the surviving spouse, children, or parents.
If no immediate family members file within six months, the personal representative may proceed on behalf of all beneficiaries.
Opening an estate is often required before you can file a wrongful death claim.
Our Philadelphia wrongful death lawyers handle that process so families are not overwhelmed by probate paperwork while grieving.
Philadelphia Wrongful Death Attorney Handling Survival Actions
Every Philadelphia wrongful death lawsuit may involve two separate legal actions:
Wrongful Death Action – Compensates surviving family members for their losses.
Survival Action – Allows the decedent’s estate to recover damages the victim could have claimed had they survived, including pain and suffering, medical expenses related to the fatal injury, and lost wages prior to death.
Understanding the difference is critical to recovering full and fair compensation.
Common Philadelphia Wrongful Death Cases We Handle
Our law firm represents families in complex wrongful death cases involving:
| Cause of Death | Common Circumstances | Philadelphia Examples |
|---|---|---|
| Motor Vehicle Accidents | Distracted driving, DUI, truck underrides, rideshare crashes | I-95, Roosevelt Blvd, SEPTA bus collisions |
| Medical Malpractice | Surgical errors, misdiagnosis, anesthesia mistakes | Jefferson, Penn Medicine, Temple University Hospital |
| Workplace Accidents | Construction falls, OSHA violations, equipment failures | Northern Liberties rehab sites, Navy Yard |
| Premises Liability | Negligent security, apartment fires, accidental drowning | Schuylkill River, university housing |
| Defective Products | Dangerous drugs, unsafe machinery, defective consumer goods | Recalled medical devices, industrial equipment |
| Criminal Acts | Negligent security failures, intentional violence | Bar district incidents, parking garage attacks |
How We Prove a Wrongful Death Claim
The burden of proof is on the plaintiff. To recover compensation, we must show:
A wrongful act or a party’s negligence occurred
That negligence caused the death
Surviving family members suffered measurable losses
Our experienced wrongful death attorney team gathers:
Medical records
Autopsy findings
Police reports
Expert testimony
Economic analysis of life expectancy and future earnings
Calculating damages in wrongful death lawsuits often requires economists to project lost income, retirement benefits, and financial support the deceased would have provided.
Damages Available in a Philadelphia Wrongful Death Lawsuit
Compensation in wrongful death cases may include:
Economic Damages
Funeral expenses
Burial expenses
Medical expenses
Lost wages and lost income
Household services
Financial support for dependent relatives
Non-Economic Damages
Emotional pain
Emotional distress
Loss of companionship
Loss of guidance
Emotional support
Survival Damages
The decedent’s pain and suffering
Medical expenses related to treatment before death
Punitive Damages
Punitive damages may be awarded in wrongful death cases involving reckless or intentional wrongdoing.
The goal is full and fair compensation that reflects the magnitude of your family’s loss.
Pennsylvania Statute of Limitations for Wrongful Death
Under Pennsylvania law (42 Pa. C.S. § 5524), a wrongful death lawsuit must be filed within two years from the date of death.
Missing this deadline can permanently bar your wrongful death claim.
Our Philadelphia wrongful death lawyers move quickly to preserve evidence and file a wrongful death action within the required timeframe.
Why Families Choose Our Philadelphia Wrongful Death Law Firm
$20 million wrongful death settlement — one of Pennsylvania’s largest recent verdicts in this practice area; our Verdicts & Settlements page documents our full record
Dual-action filing — we pursue both the Pennsylvania Wrongful Death Act claim (42 Pa. C.S. §8301) and the companion Survival Act claim (42 Pa. C.S. §8302) to capture every category of compensation
Rapid evidence preservation — we secure vehicle black boxes, surgical logs, OSHA reports, and surveillance footage within hours of your call, before insurers can act
Direct attorney access — your case is handled by Craig Altman, Cory Trobman, Allan Aigeldinger, or Samuel Burkhardt — not a paralegal
Contingency fee, always — no legal fees unless we recover compensation for your family; our Verdict Pledge means if you don’t get paid, we don’t get paid
Most wrongful death lawyers in Philadelphia operate on a contingency-fee basis. You pay nothing unless we win.
Frequently Asked Questions About Philadelphia Wrongful Death Cases
What is the average wrongful death settlement in PA?
Wrongful death settlements in Pennsylvania vary widely based on the victim's age, income, the number of dependents, and the severity of the defendant's negligence. Cases involving young working adults with dependent children, or those caused by egregious conduct like drunk driving or surgical errors, tend to result in the highest recoveries. Our firm has achieved a $20 million wrongful death settlement and has recovered over $100 million across all personal injury cases. The best way to understand your family's specific claim value is a free, confidential consultation with a Philadelphia wrongful death attorney.
How hard is it to win a wrongful death lawsuit?
Wrongful death cases require proving four elements: (1) the defendant owed a duty of care, (2) they breached that duty through negligence or recklessness, (3) that breach directly caused the death, and (4) surviving family members suffered measurable losses. Cases involving clear liability — like a DUI crash or a known surgical error — are more straightforward, while medical malpractice deaths require expert witnesses. The biggest mistake families make is waiting too long: evidence disappears, witnesses forget, and Pennsylvania's two-year statute of limitations (42 Pa. C.S. §5524) is unforgiving. An experienced Philadelphia wrongful death attorney who acts quickly gives your family the strongest possible case.
Who can file a wrongful death suit in Pennsylvania?
Under Pennsylvania law (42 Pa. C.S. §8301), the personal representative of the deceased's estate must file the wrongful death lawsuit on behalf of eligible beneficiaries. Eligible family members typically include the surviving spouse, children, or parents of the deceased. If no eligible family member files within six months, the personal representative may proceed on behalf of all beneficiaries. Opening an estate is often required before filing — our Philadelphia wrongful death lawyers handle all probate paperwork so families aren't overwhelmed while grieving.
How much does a lawyer charge for a wrongful death lawsuit?
At the Law Offices of Craig A. Altman, wrongful death cases are handled on a contingency fee basis — you pay nothing unless we recover compensation for your family. Attorney fees are a percentage of the final settlement or verdict, typically 33–40% depending on whether the case settles or goes to trial. There are no upfront costs, no hourly rates, and no out-of-pocket expenses for investigation or expert witnesses. Our Verdict Pledge makes it simple: if you don't get paid, we don't get paid.
Speak With a Philadelphia Wrongful Death Attorney Today
Pennsylvania’s two-year statute of limitations (42 Pa. C.S. §5524) begins the day your loved one dies — not the day you hire a lawyer. Insurance adjusters begin building their defense immediately. The Law Offices of Craig A. Altman offers free, confidential consultations with no obligation. Call (215) 569-4488 or use the contact form below. You pay nothing unless we win.
$10 Million
Burn Injury in Pennsylvania
$1.3 Million
Bar Patron Assault in Pennsylvania
$750,000
Injury Caused by an Exploding Thermos
$550,000
Neck & Back Injuries
$400,000
Motor Vehicle Accident
$300,000
Minor with a Broken Leg
$300,000
Injuries Resulting From a Trip & Fall
$250,000
Pedestrian Accident
Injured? Tell Us Your Story. We’ll Handle the Rest.
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Cases We Handle in Pennsylvania
Hurt in a car crash, trucking accident, slip-and-fall, or other negligence-based mishap in Southeast Pennsylvania?
The Altman Team focuses exclusively on personal injury law, leveraging a deep command of Pennsylvania tort statutes to win maximum compensation for residents of Philadelphia, Bucks, Montgomery, Chester, and Delaware Counties.
You owe us nothing unless we recover compensation for you.